Opinion
2007-513 S CR.
Decided November 20, 2008.
Appeal from amended judgments of the Justice Court of the Town of Southold, Suffolk County (Louisa P. Evans, J.), rendered March 14, 2007. The amended judgments revoked sentences of probation previously imposed, upon a finding that defendant had violated conditions thereof, upon his admissions, and imposed sentences of imprisonment upon his previous convictions of criminal contempt in the second degree.
Amended judgments of conviction affirmed.
McCABE, J.P., TANENBAUM and MOLIA, JJ.
After admitting that he had violated the conditions of the sentences of probation previously imposed upon him, defendant was resentenced to serve concurrent terms of one year in jail on his previous convictions of criminal contempt in the second degree. On this appeal, defendant asks this court to modify the sentences to provide that they be served concurrently with a subsequently imposed federal sentence.
While the Justice Court was apprised that a sentence of incarceration was to be imposed on defendant by a federal court based upon his conviction of the illegal sale of a firearm, the conduct which underlay the allegation that defendant violated the terms of his sentences of probation, the court was without authority to direct that the sentences imposed upon resentencing be served concurrently with any subsequently imposed federal sentence ( Matter of Oquendo v Quinones, 291 AD2d 593). Upon a review of the record, we find no grounds warranting the modification of the sentences imposed. Accordingly, the amended judgments are affirmed.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.