People v. Vega

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL VEGA, Appellant

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

Date published: Mar 31, 1992

181 A.D.2d 635 (N.Y. App. Div. 1992)

582 N.Y.S.2d 12

Opinion

March 31, 1992

Appeal from the Supreme Court, New York County, Ira R. Globerman, J., Angela Mazzarelli, J.

As the District Attorney concedes, a misapprehension by the sentencing court regarding its discretion pursuant to Penal Law § 70.25 (4) to impose a term concurrent to a sentence imposed by a court of another jurisdiction requires a resentencing of defendant (People v Jeffries, 166 A.D.2d 665, lv denied 77 N.Y.2d 962).

Concur — Carro, J.P., Wallach, Asch, Smith and Rubin, JJ.