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People v. Yant

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 747 (N.Y. App. Div. 1996)

Summary

In People v. Yant (223 A.D.2d 747), this Court vacated the sentence imposed upon the appellant and remitted the matter to the County Court, Dutchess County, for resentencing based on the misapprehension by the court regarding its discretion under Penal Law § 70.25 (4) to impose concurrent sentences.

Summary of this case from People v. Yant

Opinion

January 29, 1996

Appeal from the County Court, Dutchess County (Dolan, J.).


Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for resentencing.

The sentencing court's misapprehension regarding its discretion, pursuant to Penal Law § 70.25 (4), to impose a sentence of imprisonment that is to run concurrently with a sentence previously imposed by a court of another jurisdiction requires that the defendant be resentenced ( see, People v Vega, 181 A.D.2d 635; People v Jeffries, 166 A.D.2d 665, 666).

We have examined the defendant's remaining contention, which is raised in his supplemental pro se brief, and find it to be without merit. Mangano, P.J., Thompson, Friedmann and Florio, JJ., concur.


Summaries of

People v. Yant

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 747 (N.Y. App. Div. 1996)

In People v. Yant (223 A.D.2d 747), this Court vacated the sentence imposed upon the appellant and remitted the matter to the County Court, Dutchess County, for resentencing based on the misapprehension by the court regarding its discretion under Penal Law § 70.25 (4) to impose concurrent sentences.

Summary of this case from People v. Yant
Case details for

People v. Yant

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY G. YANT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 29, 1996

Citations

223 A.D.2d 747 (N.Y. App. Div. 1996)
637 N.Y.S.2d 468

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