The People v. Phillip Couser
New York Court of Appeals
1Concurring in part, dissenting in partFahey, J.
In deciding the first appeal, the majority creates a new rule that will result in an irrational parsing of the actions of defendants. *381The result will be sentences grossly disproportionate to the crimes of which defendants are convicted. Furthermore, the majority has misinterpreted our precedent regarding the legality of consecutive sentencing. Inasmuch as defendant neither committed a separate act of force nor made a separate threat of force against the victim of the completed robbery to effectuate the taking of her purse, defendant’s sentence for the completed robbery was required to run…
2Cases cited15 opinions
- People v. LaureanoNew York Court of Appeals · 1996
- People v. RamirezNew York Court of Appeals · 1996
- People v. BattlesNew York Court of Appeals · 2010
- People v. McKnightNew York Court of Appeals · 2010
- People v. FrazierNew York Court of Appeals · 2010
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