PEOPLE v. DAY


73 N.Y.2d 208 (1989)

The People of the State of New York, Respondent, v. Raymond Day, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1989.


Attorney(s) appearing for the Case

Amy Donner and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Donald J. Siewert and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

After a jury trial and conviction, the Trial Justice sentenced defendant on four counts of criminal possession of a forged instrument and of stolen property to four concurrent terms, and on one count of attempted grand larceny to a term consecutive to the other terms. Defendant argues that the trial court was precluded by Penal Law § 70.25 (2) from imposing a consecutive sentence because the...

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