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Legal Opinion

People v. Frazier

New York Court of Appeals

Decided December 14, 2010PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

The primary issue presented by these cross appeals is whether defendant is subject to consecutive sentences for the crimes of burglary in the second degree and grand larceny in the third degree. Since we find consecutive sentences are authorized, we modify and remit to the Appellate Division for further proceedings.

Defendant broke into two Upper East Side apartments—each located on the fifth floor of a five-story walk-up. The crimes occurred within weeks of each other, in June and July 2004, respectively. In each case, the door had been forced open, the…

2Cases cited10 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. People v. LaureanoNew York Court of Appeals · 1996
  3. People v. RamirezNew York Court of Appeals · 1996
  4. People v. DayNew York Court of Appeals · 1989
  5. People v. RosasNew York Court of Appeals · 2007

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3Cited by55 opinions

  1. People v. BattlesNew York Court of Appeals · 2010
  2. People v. McKnightNew York Court of Appeals · 2010
  3. People v. WrightNew York Court of Appeals · 2012
  4. People v. KirklandAppellate Division of the Supreme Court of the State of New York · 2013
  5. The People v. Sergio RodriguezNew York Court of Appeals · 2015

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