People v. Grant

Sullivan, J. P.,

dissents in a memorandum as follows: Since, as the majority notes, there is a possibility that the court did not realize that the imposition of consecutive sentences was not mandatory, I would remand for resentencing. In my view, however, the judgment should otherwise be affirmed.

Although the supplemental charge characterizing the case was ill-advised, I do not think that this comment, to which no exception was taken, warrants reversal. The charge, taken as a whole, was otherwise appropriate and balanced; the jury was instructed, on two separate occasions, that it "can take as…