People v. Mangarillo
Appellate Division of the Supreme Court of the State of New York
1Concurring in part, dissenting in partClark, J.
We disagree with the majority’s conclusion that the legality of the consecutive sentences to which defendant agreed cannot be established by looking to the allegations in the underlying sworn felony complaints, where, as here, defendant waived indictment and agreed to be prosecuted by a superior court information (hereinafter SCI). Accordingly, insofar as the majority modifies the sentence imposed upon defendant, we respectfully dissent.
As explained by the majority, in determining whether consecutive sentences may be lawfully imposed, courts must first look to the statutory definitions of the…
Also in this document: Concurrence.
2Cases cited8 opinions
- People v. LaureanoNew York Court of Appeals · 1996
- People ex rel. Maurer v. JacksonNew York Court of Appeals · 1957
- People v. DeanNew York Court of Appeals · 2007
- People v. GriffinNew York Court of Appeals · 1960
- The People v. Phillip CouserNew York Court of Appeals · 2016
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