PEOPLE v. RIGGINS


164 A.D.2d 797 (1990)

The People of the State of New York, Respondent, v. Ronald Riggins, Appellant

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

August 16, 1990


Early in 1988 the sentencing Judge was informed by the Department of Correction that because defendant was a predicate violent felony offender his sentence could not lawfully run concurrently with the time he owed for the parole violation. While the court's desire to act in the matter is understandable, it was, under the circumstances presented, without power to do so.

Where a sentence imposed in a criminal case is challenged as substantively illegal, the court's...

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