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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TAJENEE J., DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the adjudication so appealed from is unanimously modified on the law by directing that all of the sentences shall run concurrently with respect to each other and as modified the adjudication is affirmed.
Memorandum: Defendant was adjudicated a youthful offender on January 6, 2012 and was sentenced to, inter alia, concurrent terms of five years of probation with respect to the three crimes of which he was convicted. Defendant subsequently admitted that he had violated the conditions of his probation, and he now appeals from an adjudication that revoked his probation and sentenced him to three terms of incarceration of 11/313 to 4 years, two of which were ordered to run consecutively to each other. Defendant's sentence thus aggregates to a term of incarceration of 22/323 to 8 years, and we agree with defendant that the sentence is illegal. “[H]aving adjudicated defendant a youthful offender, [Supreme C]ourt was without authority to impose consecutive sentences in excess of four years” (People v. Jorge N.T., 70 AD3d 1456, 1458, lv denied 14 NY3d 889 [internal quotation marks omitted]; see People v. Cory T., 59 AD3d 1063, 1064). We therefore modify the adjudication by directing that all of the sentences shall run concurrently with respect to each other (see People v. Christopher T., 48 AD3d 1131, 1131–1132). The sentence as modified is not unduly harsh or severe.
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 12–01266
Decided: November 15, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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