Legal Opinion

People v. Calhoun

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1992Published

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: At the time of sentencing, defendant, a second felony offender (see, Penal Law § 70.06), was "subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed” (Penal Law § 70.25 [2-a]). Thus, the court was required to impose a sentence to run consecutively to the undischarged portion of his prior sentence (see, Penal Law § 70.25 [2-a]; Matter of Rolon v Senkowski, 160 AD2d 1072, 1073, appeal dismissed 76 NY2d 772; People ex rel. Wilson v Kelly, 142 AD2d 989; People ex rel. Hodge v…

2Cases cited3 opinions

  1. Rolon v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1990
  2. People ex rel. Hodge v. WellsAppellate Division of the Supreme Court of the State of New York · 1987
  3. People ex rel. Wilson v. KellyAppellate Division of the Supreme Court of the State of New York · 1988

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