People v. Green
| Decision Date | 01 March 1978 |
| Citation | 61 A.D.2d 1138,402 N.Y.S.2d 886 |
| Parties | PEOPLE of the State of New York, Respondent, v. Tony GREEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
George T. Dunn, Syracuse, by James K. Weeks, Syracuse, for appellant.
Richard A. Hennessy, Jr., Syracuse, by John A. Cirando, Syracuse, for respondent.
Before MARSH, P. J., and DILLON, HANCOCK, DENMAN and WITMER, JJ.
Defendant was found guilty of the crimes of Grand Larceny in the third degree and Conspiracy in the second degree. He was sentenced as a predicate felon to an indeterminate term of one-and-a-half to three years. The court erred in failing to state the crime for which sentence was imposed and in failing to pronounce sentence on each crime of which the defendant was found guilty (see People v. Williamson, 48 A.D.2d 863, 368 N.Y.S.2d 870, revd. on other grounds 40 N.Y.2d 1073, 392 N.Y.S.2d 255, 360 N.E.2d 933; People v. Johnson, 44 A.D.2d 541, 355 N.Y.S.2d 601; CPL 380.20).
Judgment insofar as it imposes sentence unanimously reversed and defendant remanded to Onondaga County Court for resentencing, and otherwise judgment affirmed.
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...each non-inclusory concurrent count. CPL 380.20 provides that "the court must pronounce sentence on each count" (see, People v. Green, 61 A.D.2d 1138, 402 N.Y.S.2d 886) and, in the case of multiple concurrent counts, the sentences must run concurrently (CPL 300.30[3]; Penal Law § Concern th......
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People v. Daniels, 2
...on those counts for which no sentence was imposed (see, CPL 380.20; People v. Charles, 98 A.D.2d 780, 469 N.Y.S.2d 797; People v. Green, 61 A.D.2d 1138, 402 N.Y.S.2d 886). Judgment unanimously modified on the law and as modified affirmed and matter remitted to Monroe County Court for further ...
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...on those counts for which no sentence was imposed (see, CPL 380.20; People v. Charles, 98 A.D.2d 780, 469 N.Y.S.2d 797; People v. Green, 61 A.D.2d 1138, 402 N.Y.S.2d 886)" (People v. Daniels, 202 A.D.2d 987, 612 N.Y.S.2d 984). The judgment is modified and the matter remitted to Steuben Coun......
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