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People v. Krocke [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 879 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Possession Stolen Property, 3rd Degree.

PRESENT: PINE, J.P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: County Court erred in sentencing defendant to consecutive terms of imprisonment upon his conviction of two counts of criminal possession of stolen property in the third degree (Penal Law § 165.50). The two counts of the indictment charge defendant with only a single act of possession (see, People v. Taylor, 197 A.D.2d 858, 859; see also, People v. Cleveland, 236 A.D.2d 802, lv denied 89 N.Y.2d 1033). We therefore modify the judgment by directing that the terms of imprisonment run concurrently.


Summaries of

People v. Krocke [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 879 (N.Y. App. Div. 1999)
Case details for

People v. Krocke [4th Dept 1999

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. GEOFFREY R…

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 879 (N.Y. App. Div. 1999)
696 N.Y.S.2d 333

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