Court of Appeals of New York

Conviction and sentence for first degree murder for causing the deaths of two individuals during the same criminal transaction are affirmed as the Appellate Division correctly held that the imposition of consecutive sentences on the first degree murder convictions violated Penal Law section 70.25 (1) and (2) since there was an identical "act" underlying both counts of murder in the first degree.

Appellate Information

• Decided 05/08/2007
• Published 05/08/2007

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
•  Robert Kruger, New York City, for appellant in first above-entitled action., Eliot Spitzer, Attorney-General, Albany (Barbara G. Billet,  Peter H. Schiff, Victor Paladino and Kathleen M. Treasure of counsel), for New York State Department of Health, for amicus curiae in the first above-entitled action., Robert, Lerner & Robert, Rockville Centre (Charles Robert and Joan Lensky Robert of counsel), for appellant in second above-entitled proceeding.,  Burchetta, Brofman & Hanley, Pomona (Sonia Crannage, of counsel), for NYSARC, Inc., for amicus curiae in second above-entitled proceeding.


• For Appellees:
  
• Alan D. Scheinkman, County Attorney of Westchester County, White Plains (Stacey Dolgin-Kmetz and Lea L. Bahl of counsel), for nonparty respondent in first above-entitled action., Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Paul G. Costello of counsel), for respondent in second above-entitled proceeding.