Legal Opinion
People v. Woodard
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1994PublishedCited by 8 opinions
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum: Upon the misapprehension that it was required to do so by Penal Law § 70.25 (1), County Court imposed sentences upon defendant that were consecutive to the unexpired term of a prior DWI conviction. Actually, the court had the discretion to impose concurrent sentences but it "erroneously perceived that it had no discretion to exercise” (People v Cronin, 60 NY2d 430, 433; see, People v Horn, 161 AD2d 492; People v…
2Cases cited5 opinions
- People v. CroninNew York Court of Appeals · 1983
- People v. FullerNew York Court of Appeals · 1982
- People v. BethanyAppellate Division of the Supreme Court of the State of New York · 1992
- People v. HornAppellate Division of the Supreme Court of the State of New York · 1990
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by8 opinions
- People v. SchaferAppellate Division of the Supreme Court of the State of New York · 2005
- People v. DominAppellate Division of the Supreme Court of the State of New York · 2001
- People v. HagerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SlatteryAppellate Division of the Supreme Court of the State of New York · 2011
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