Notable Decisions and Other News

Decisions

Client's Sentence Reduced

12/19/2018

Appellant was convicted, after a guilty plea, of three counts of criminal possession of a weapon in the third degree.  He was sentenced to three consecutive indeterminate prison terms of 2½ to 5 years.  The Appellate Division, Second Department, held that it was unlawful for the lower court to have imposed consecutive sentences because "no facts were alleged in the Superior Court Information or adduced at the defendant’s plea allocution which establish three separate acts of possession."  Accordingly, the Second Department modified appellant's sentence by ordering that the three sentences be run concurrently. 

Ronald Zapata of Appellate Advocates briefed the case in the Second Department.