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PEOPLE v. NIEVES

111 A.D.2d 83 (1985)

The People of the State of New York, Respondent, v. Phillip Nieves, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 16, 1985

Defendant was convicted of the charges involved as a result of the robbery of a liquor store. Inasmuch as the murder of Carlos Bagatta and the wounding of Frank Bagatta during the course of the robbery were separate and discrete acts, the imposition of a consecutive sentence for the assault presents no problem (People v Brathwaite, 63 N.Y.2d 839).

However, the imposition of a sentence of 8 1/3 years to 25 years for the count...

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