Court of Appeals of New York

In a prosecution that resulted in convictions on multiple counts and a sentence that included unlawfully imposed consecutive sentences for two of the counts, which the Appellate Division modified by directing that the sentences for those two counts run concurrently, with a remand to the trial court for resentencing on all counts, the order of the Appellate Division is affirmed, as CPL 430.10 does not preclude the Appellate Division remitting for resentence, although the Court of Appeals took no position on whether the trial court could make certain of the remaining counts run consecutively to the required concurrent sentences.

Appellate Information

• Decided 03/23/2012
• Published 03/23/2012

Judges

• Pigott

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Susan H. Salomon, Eleanor J. Ostrow