People v. Fullan

• Decision Date: 31 March 1997
• Citation: People v. Fullan, 655 N.Y.S.2d 644, 237 A.D.2d 619 (N.Y. App. Div. 1997)
• Parties: The PEOPLE, etc., Respondent, v. Daniel FULLAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 644

655 N.Y.S.2d 644

237 A.D.2d 619

The PEOPLE, etc., Respondent, v. Daniel FULLAN, Appellant.

Supreme Court, Appellate Division Second Department.

March 31, 1997.

Marc S. Nurik, Fort Lauderdale, FL, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, (John M. Castellano, Robin A. Forshaw, and Ellen C. Abbot, of counsel), for respondent.

Before O'BRIEN, J.P., and SANTUCCI, JOY and FRIEDMANN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered January 6, 1988, convicting him of murder in the second degree (three counts), attempted kidnapping in the first degree and robbery in the first degree, upon a jury verdict, and sentencing him to terms of 25 years to life imprisonment for each of his convictions of murder in the second degree to run concurrently to each other, and terms of 12 1/2 to 25 years' imprisonment for robbery in the first degree and 8 1/3 to 25 years' imprisonment for attempted kidnapping in the first degree to run consecutively to each other and to the sentence imposed for the defendant's conviction of murder in the second degree under the first count of the indictment.

ORDERED that the judgment is modified, on the law, by (1) reversing the defendant's convictions for attempted kidnapping in the first degree and for murder in the second degree under count two of the indictment, vacating the sentences imposed thereon, and dismissing those counts of the indictment, and (2) providing that the sentences imposed for murder in the second degree under count one of the indictment and robbery in the first degree shall run concurrently to each other; as so modified, the judgment is affirmed.

Consistent with our holding in...