From Casetext: Smarter Legal Research

People v. Levine

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1992
188 A.D.2d 665 (N.Y. App. Div. 1992)

Opinion

December 28, 1992

Appeal from the Supreme Court, Suffolk County (Rohl, J.).


Ordered that the order is affirmed.

Contrary to the defendant's contention, it was not illegal for the court to impose consecutive sentences on the counts of grand larceny in the second degree, as each of those counts was based on separate and distinct acts (see, Penal Law § 70.25; People v Day, 73 N.Y.2d 208, 212; People v Williams, 155 A.D.2d 568; People v Mabry, 151 A.D.2d 507). The defendant's remaining contentions could have been raised on the direct appeal, as sufficient facts appeared on the record of the proceedings underlying the judgment to have permitted review thereof. Accordingly, the Supreme Court correctly concluded that those claims could not be raised on a motion pursuant to CPL 440.10 (see, CPL 440.10 [c]). Rosenblatt, J.P., Lawrence, Eiber and Copertino, JJ., concur.


Summaries of

People v. Levine

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1992
188 A.D.2d 665 (N.Y. App. Div. 1992)
Case details for

People v. Levine

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHELDON LEVINE…

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

Date published: Dec 28, 1992

Citations

188 A.D.2d 665 (N.Y. App. Div. 1992)
591 N.Y.S.2d 509

Citing Cases

People v. Simmons

C.P.L. § 440.10(2)©; People v. Jossiah, 2 A.D.3d 877 (2d Dept. 2003); People v. Levine, 188 A.D.2d 665 (2d…

People v. Mainella

Memorandum: Defendant contends that County Court violated Penal Law § 70.25 (2) and (3) by imposing…