Consecutive sentences on two attempted burglary convictions vacated
March 19, 2014
People v. Jaquan Moore: The Appellate Divison vacated consecutive sentences on two attempted burglary convictions that were based on pleas before two different judges because the first judge promised concurrent sentences without making the required findings and the second judge refused to honor the promise because those findings had not been made and imposed consecutive sentencs.
The court held that the second judge should have conducted the required fact-finding hearing. If circumstances did not warrant imposition of concurrent sentences, the defendant should have been given the option of accepting consecutive sentences or withdrawing his plea.
Paul Skip Laisure briefed and argued the case.