From Casetext: Smarter Legal Research

People v. Muscoreil

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 970 (N.Y. App. Div. 1997)

Opinion

March 14, 1997.

Judgment unanimously modified on the law and as modified affirmed in accordance with the following

Present — Green, J.P., Lawton, Callahan, Boehm and Fallon, JJ.


Upon our review of the record, we conclude that defendant's conviction of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) is supported by legally sufficient evidence ( see, People v Bleakley, 69 NY2d 490, 495). There is no merit to the contention of defendant that Supreme Court erred in denying defendant's request to reopen the suppression hearing based upon the prosecutor's alleged failure to turn over Brady material ( see, Brady v Maryland, 373 US 83). Reopening a suppression hearing is committed to the discretion of the trial court ( People v Hults, 150 AD2d 726, 727, affd 76 NY2d 190). The court erred, however, when it imposed a one year definite sentence to be served consecutively to an indeterminate sentence previously imposed on another conviction. Because the offense underlying the definite sentence of imprisonment was committed prior to the time the indeterminate sentence was imposed, defendant's definite and indeterminate sentences must run concurrently ( see, Penal Law § 70.35; People v Leabo, 84 NY2d 952; People v Adams, 109 AD2d 745). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Criminal Possession Controlled Substance, 7th Degree.)


Summaries of

People v. Muscoreil

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 970 (N.Y. App. Div. 1997)
Case details for

People v. Muscoreil

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN MUSCOREIL…

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

Date published: Mar 14, 1997

Citations

237 A.D.2d 970 (N.Y. App. Div. 1997)
655 N.Y.S.2d 224

Citing Cases

People v. Weber

Defendant's argument alleging the excessiveness of his sentence is academic. By operation of law, defendant's…

People v. McQuiller

bery conviction was to run concurrently with a previously imposed definite sentence that defendant was…