Legal Opinion

People v. Sturgis

New York Court of Appeals

Decided February 19, 1987PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by vacating the sentence and the case remitted to the trial court for resentencing and, as so modified, affirmed.

CPL 380.20 commands that "[i]f an accusatory instrument contains multiple counts and a conviction is entered on more than one count the court must pronounce sentence on each count” (see, People v Abreu, 116 AD2d 655; People v Benoit, 115 AD2d 608; People v Charles, 98 AD2d 780). Upon conviction of two counts of criminal possession of a weapon, third degree, and one count of criminal possession of…

2Cases cited3 opinions

  1. People v. CharlesAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. BenoitAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. AbreuAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by37 opinions

  1. People v. SparberNew York Court of Appeals · 2008
  2. United States v. LegrosCourt of Appeals for the Second Circuit · 2008
  3. People v. SenisiAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. CaravousanosAppellate Terms of the Supreme Court of New York · 2003
  5. People v. VolfsonAppellate Division of the Supreme Court of the State of New York · 2010

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