Roballo v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
The issue before the court in this CPLR article 78 proceeding concerns the calculation of the aggregate maximum and minimum term of consecutively imposed persistent felony offender sentences. Following convictions in 1980 for the class D felony of assault in the second degree and the class B felony of rape in the first degree, petitioner was sentenced in each case as a persistent felony offender1 *6to terms of imprisonment having máximums of life and mínimums of 20 and 25 years, respectively, with the second sentence ordered to run consecutively to the first.2 The…
2Cases cited7 opinions
- Rankin v. ShankerNew York Court of Appeals · 1968
- Levine v. BornsteinNew York Court of Appeals · 1958
- People ex rel. New York Central & Hudson River Railroad v. WoodburyNew York Court of Appeals · 1913
- Gillespie v. . ZittlosenNew York Court of Appeals · 1875
- People v. YaleAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by7 opinions
- People v. JenningsAppellate Division of the Supreme Court of the State of New York · 2006
- People v. KleberJustice Court of Village of Muttontown · 1996
- Barney v. ConwayDistrict Court, W.D. New York · 2010
- People v. GristAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GristAppellate Division of the Supreme Court of the State of New York · 2012
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