Second Department Modifies Sentence in Murder Case
Appellant Andrew Lopez was charged with a shooting that resulted in one death and injuries to two other people. The People’s case included evidence that appellant fired 13 shots from a rooftop toward a group of people. Convicted of second-degree murder and two counts of first-degree assault, Lopez was sentenced to an indeterminate term of 25 years to life for second-degree murder and a determinate term of 15 years for each count of first-degree assault. The court ordered that the sentences would run consecutively, for an aggregate term of 55 years to life.
Concluding that the evidence was “insufficient to establish that [appellant’s] acts underlying the crimes were separate and distinct,” the Second Department held that the imposition of consecutive sentences was improper. As a result, Mr. Lopez’s sentence was reduced from 55 years to life to 25 years to life.
Joshua Levine briefed and argued the case on behalf of Appellate Advocates.