Legal Opinion

People v. Moore

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1989PublishedCited by 3 opinions

1Opinion of the Court

— Order unanimously affirmed. Memorandum: Except in certain enumerated cases not applicable here, Penal Law § 70.25 permits the court, when imposing multiple sentences, to direct that the sentences run either concurrently or consecutively. Thus, the court was not precluded from directing that defendant’s definite sentence run consecutively with his indeterminate sentence. Penal Law § 70.25, however, must be read with Penal Law § 70.35. Defendant’s definite sentence will be satisfied "only where the defendant actually serves the indeterminate sentence. If such sentence is vacated, the definite…

2Cases cited2 opinions

  1. Whittaker v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
  2. People ex rel. McGuire v. SmithAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by3 opinions

  1. People v. TortoriceAppellate Division of the Supreme Court of the State of New York · 1991
  2. Simpson v. ArtuzDistrict Court, S.D. New York · 1994
  3. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1992

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