Notable Decisions and Other News

Decisions

Appellate Division Runs Sentences Concurrently

November 16, 2016

Mr. Donald Michel was convicted of second-degree murder (felony murder incident to an armed robbery) and second-degree weapon possession, and the sentences for each count were run consecutively.

In a decision dated November 16, 2016, the Appellate Division, Second Department, held that consecutive sentences were improper because there was no evidence that Mr. Michel’s possession of a firearm was separate and distinct from his possession of that weapon vis-à-vis the robbery and felony murder.  It thus modified Mr. Michel’s sentence by running the two sentences concurrently.

De Nice Powell briefed and argued Mr. Michel’s case in the Appellate Division.