People v. Rogers
| Decision Date | 18 June 1985 |
| Citation | 490 N.Y.S.2d 222,111 A.D.2d 665 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Ralph ROGERS, a/k/a John Conway, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
M.A. Schwartz, New York City, for respondent.
S.G. Eckhaus, New York City, for defendant-appellant.
Before ROSS, J.P., and ASCH, BLOOM, MILONAS and ELLERIN, JJ.
Judgment, Supreme Court, New York County, rendered February 25, 1983, after a jury trial, convicting defendant of nine counts of the crime of criminal possession of a weapon in the third degree (Penal Law section 265.02) and sentencing him: (a) as to counts one through three, to concurrent indeterminate terms of imprisonment of not less than two and one-third years and not more than seven years; (b) as to counts four through six, to concurrent indeterminate terms of imprisonment of not less than one and one-third years and not more than four years; (c) as to counts seven through nine, to concurrent indeterminate terms of imprisonment of not less than one and one-third years and not more than four years; these three sets of sentences, described supra in (a) through (c), are to run consecutive to each other; and, inter alia, the Court totaled these sentences to aggregate terms of not less than five years and not more than fifteen years, and those terms are to run consecutively to an unrelated Federal sentence that the defendant is presently serving, is unanimously modified, on the law, only to the extent of reversing and vacating the sentences imposed, and remanding for resentencing to concurrent sentences, and otherwise affirmed.
On or about March 17, 1981, a bombing occurred at 9 Bleeker Street, New York County. During the course of their investigation of that crime, the New York City Police Department placed the defendant under surveillance. While monitoring his movements, the police learned that the defendant was a fugitive from justice, since, on or about March 27, 1972, he had failed to appear to answer Federal criminal charges, pending in the United States District Court for the Southern District of New York.
Subsequently, on the evening of September 16, 1981, City police officers together with agents of the United States Drug Enforcement Administration, arrested defendant inside his apartment, located at 47A Horatio Street, New York County. Later that evening, these law enforcement officers searched defendant's car, and found in the trunk of that...
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