PEOPLE v. SIVELS


142 A.D.2d 617 (1988)

The People of the State of New York, Respondent, v. Milton Sivels, Appellant

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

July 5, 1988


Ordered that the sentences are reversed, on the law, and the matters are remitted to the County Court, Suffolk County, for resentencing.

In imposing consecutive sentences upon the defendant, the court indicated that it was doing so because consecutive sentences were mandatory. In imposing the sentences, the court apparently misinterpreted Penal Law § 70.25 (2-b), which provides that when a person, such as the defendant...

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