People v. Calhoun
Appellate Division of the Supreme Court of the State of New York
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
- Rolon v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1990
- People ex rel. Hodge v. WellsAppellate Division of the Supreme Court of the State of New York · 1987
- People ex rel. Wilson v. KellyAppellate Division of the Supreme Court of the State of New York · 1988