People v. Sutton

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: As the People correctly concede, County Court erred in directing that the definite sentence of incarceration imposed on the violation of probation be consecutive to the indeterminate terms of incarceration imposed on the convictions of scheme to defraud in the first degree (Penal Law § 190.65 [1] [b]) and criminal possession of a forged instrument in the second degree (Penal Law § 170.25). The offense underlying the definite sentence was committed prior to the date on which the…