People v. Dean

Decision Date03 April 2007
Docket NumberNo. 35.,35.
Citation866 N.E.2d 1032,8 N.Y.3d 929
PartiesThe PEOPLE of the State of New York, Respondent, v. Jonathan DEAN, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be modified by directing that defendant's sentences run concurrently, and as so modified, affirmed.

Defendant was indicted on August 10, 2004, in a seven-count indictment charging him with unlawful surveillance in the second degree, endangering the welfare of a child, four counts of possessing a sexual performance by a child, and promoting a sexual performance by a child. The charges were based both on videotapes found in defendant's possession containing footage of his and a neighbor's children, and on digital photographs found on defendant's computer depicting sexual conduct involving children. As to each count, the indictment described the conduct forming the basis for the allegations, but only generally stated that each act was performed "during the month of July, 2004." While the August 10 indictment was pending, the grand jury handed down a second indictment, charging defendant with seven additional counts of possessing a sexual performance by a child. In satisfaction of both indictments, defendant pleaded guilty to three counts of possessing a sexual performance by a child (as set forth in the August 10 indictment), and pursuant to agreement was sentenced to three terms of 1 to 3 years, to run consecutively.

Defendant now claims that the consecutive sentences were illegal, as the court did not have facts before it to support a determination that he took...

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16 cases
  • People v. Mangarillo
    • United States
    • New York Supreme Court — Appellate Division
    • 27 Julio 2017
    ...to the factual allegations in the accusatory instrument and the facts admitted during the allocution (see People v. Dean, 8 N.Y.3d 929, 930–931, 834 N.Y.S.2d 704, 866 N.E.2d 1032 [2007] ; People v. Laureano, 87 N.Y.2d 640, 644, 642 N.Y.S.2d 150, 664 N.E.2d 1212 [1996] ; People v. Pardy, 113......
  • People v. Smith
    • United States
    • New York Supreme Court — Appellate Division
    • 19 Diciembre 2018
    ...v. Salazar, 290 A.D.2d 256, 257, 736 N.Y.S.2d 20 ; People v. Rogers, 111 A.D.2d 665, 666, 490 N.Y.S.2d 222 ; cf. People v. Dean, 8 N.Y.3d 929, 834 N.Y.S.2d 704, 866 N.E.2d 1032 ; People v. Eddo, 55 A.D.3d 922, 868 N.Y.S.2d 213 ). Contrary to the People's contention, the mere fact that the d......
  • People v. Boyd
    • United States
    • New York Supreme Court — Appellate Division
    • 26 Marzo 2021
    ...to which the defendant pleaded guilty, as well as the facts adduced during the plea allocution (see People v. Dean , 8 N.Y.3d 929, 931, 834 N.Y.S.2d 704, 866 N.E.2d 1032 [2007] ; People v. Laureano , 87 N.Y.2d 640, 644, 642 N.Y.S.2d 150, 664 N.E.2d 1212 [1996] ). The People failed to meet t......
  • People v. Banks
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Enero 2020
    ...449 [2009], quoting People v. Ramirez, 89 N.Y.2d 444, 451, 654 N.Y.S.2d 998, 677 N.E.2d 722 [1996] ; see People v. Dean, 8 N.Y.3d 929, 930–931, 834 N.Y.S.2d 704, 866 N.E.2d 1032 [2007] ), and it is incumbent upon the People to prove that such is the case (see People v. Brahney, 29 N.Y.3d 10......
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