People v. Justice

CourtNew York Supreme Court Appellate Division
Citation202 A.D.2d 981,609 N.Y.S.2d 734
Decision Date11 March 1994
PartiesPEOPLE of the State of New York, Respondent, v. John D. JUSTICE, Appellant.

Page 734

609 N.Y.S.2d 734
202 A.D.2d 981
PEOPLE of the State of New York, Respondent,
v.
John D. JUSTICE, Appellant.
Supreme Court, Appellate Division,
Fourth Department.
March 11, 1994.

Page 735

Linda S. Reynolds by John Nuchereno, Buffalo, for appellant.

Kevin M. Dillon by J. Michael Marion, Buffalo, for respondent.

Before DENMAN, P.J., and PINE, FALLON, CALLAHAN and DAVIS, JJ.

MEMORANDUM:

The facts of this case appear in a prior decision of this Court (People v. Justice, 173 A.D.2d 144, 579 N.Y.S.2d 502), wherein we reversed defendant's conviction of two counts of murder on the ground that the court failed properly to respond to a jury request for supplemental instruction on the insanity defense. On retrial, defendant was convicted, inter alia, of manslaughter in the first degree and manslaughter in [202 A.D.2d 982] the second degree arising out of separate homicides. Defendant was sentenced to consecutive terms of 8 1/3 to 25 years for first degree manslaughter and five to 15 years for second degree manslaughter, an aggregate term of 13 1/3 to 40 years.

Defendant's sentence, in particular the imposition of consecutive terms, was not illegal. Penal Law § 70.25(2) authorizes consecutive sentencing where the offenses were not "committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material element of the other." Defendant's acts of homicide, committed hours apart and at different locations, warranted consecutive terms. Defendant's contention that concurrent sentences were required because both crimes were committed with the same mental state lacks merit (see, People v. Chandler, 106 A.D.2d 677, 484 N.Y.S.2d 142).

Defendant additionally contends that, under the doctrine of North Carolina v. Pearce, 395 U.S. 711, 724-725, 89 S.Ct. 2072, 2080, 23 L.Ed.2d 656 and People v. Van Pelt, 76 N.Y.2d 156, 556 N.Y.S.2d 984, 556 N.E.2d 423, it was illegal for the court to impose consecutive sentences after retrial where defendant had received concurrent terms after his initial trial. Defendant was sentenced to concurrent terms of 25 years to life after his first trial and received an aggregate term of 13 1/3 to 40 years following his retrial. Thus, defendant did not receive a lengthier sentence following retrial, and the presumption of vindictiveness does not apply.

There is no basis for modifying defendant's sentence in the interest of justice. The sentencing court...

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15 practice notes
  • John D. Justice v. King, Case # 08-CV-6417-FPG
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 27 March 2015
    ...year on each of the weapon possession convictions, Plaintiff again appealed. The judgment was unanimously affirmed. People v. Justice, 202 A.D. 2d 981 (N.Y. App. Div. 1994). B. Plaintiff's Second Amended Complaint Plaintiff has sued all Defendants in their individual and official capacities......
  • Justice v. Graham, DECISION AND ORDER No. 09-CV-6054T
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 30 December 2010
    ...to forty years. The Fourth Department unanimously affirmed the judgment of conviction, and leave to appeal was denied. People v. Justice, 202 A.D.2d 981 (4th Dep't 1994); lv. denied, 83 N.Y.2d 968 (1994). B. Petitioner's Parole Violation Petitioner was released to parole supervision from th......
  • John D. Justice v. Evans
    • United States
    • New York Supreme Court Appellate Division
    • 29 May 2014
    ...inmate, was convicted of two counts of manslaughter and sentenced to an aggregate prison term of 13 1/3 to 40 years ( People v. Justice, 202 A.D.2d 981, 609 N.Y.S.2d 734 [1994],lv. denied83 N.Y.2d 968, 616 N.Y.S.2d 21, 639 N.E.2d 761 [1994] ). Petitioner was conditionally released to parole......
  • John D. Justice v. State
    • United States
    • New York Supreme Court Appellate Division
    • 10 April 2014
    ...motion for summary judgment dismissing the claim. Claimant is an insanity acquittee who is also incarcerated ( see People v. Justice, 202 A.D.2d 981, 609 N.Y.S.2d 734 [1994],lv. denied83 N.Y.2d 968, 616 N.Y.S.2d 21, 639 N.E.2d 761 [1994];People v. Justice, 173 A.D.2d 144, 146, 579 N.Y.S.2d ......
  • Request a trial to view additional results
15 cases
  • John D. Justice v. King, Case # 08-CV-6417-FPG
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 27 March 2015
    ...year on each of the weapon possession convictions, Plaintiff again appealed. The judgment was unanimously affirmed. People v. Justice, 202 A.D. 2d 981 (N.Y. App. Div. 1994). B. Plaintiff's Second Amended Complaint Plaintiff has sued all Defendants in their individual and official capacities......
  • Justice v. Graham, DECISION AND ORDER No. 09-CV-6054T
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 30 December 2010
    ...to forty years. The Fourth Department unanimously affirmed the judgment of conviction, and leave to appeal was denied. People v. Justice, 202 A.D.2d 981 (4th Dep't 1994); lv. denied, 83 N.Y.2d 968 (1994). B. Petitioner's Parole Violation Petitioner was released to parole supervision from th......
  • John D. Justice v. Evans
    • United States
    • New York Supreme Court Appellate Division
    • 29 May 2014
    ...inmate, was convicted of two counts of manslaughter and sentenced to an aggregate prison term of 13 1/3 to 40 years ( People v. Justice, 202 A.D.2d 981, 609 N.Y.S.2d 734 [1994],lv. denied83 N.Y.2d 968, 616 N.Y.S.2d 21, 639 N.E.2d 761 [1994] ). Petitioner was conditionally released to parole......
  • John D. Justice v. State
    • United States
    • New York Supreme Court Appellate Division
    • 10 April 2014
    ...motion for summary judgment dismissing the claim. Claimant is an insanity acquittee who is also incarcerated ( see People v. Justice, 202 A.D.2d 981, 609 N.Y.S.2d 734 [1994],lv. denied83 N.Y.2d 968, 616 N.Y.S.2d 21, 639 N.E.2d 761 [1994];People v. Justice, 173 A.D.2d 144, 146, 579 N.Y.S.2d ......
  • Request a trial to view additional results

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