PEOPLE v. STURKEY


77 N.Y.2d 979 (1991)

The People of the State of New York, Respondent, v. John Sturkey, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1991.


Attorney(s) appearing for the Case

Paul Lewis and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Leonard I. Picker and Donald J. Siewert of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed and the case remitted for resentencing.

Defendant has been convicted, after trial, of robbery in the third degree, reckless endangerment in the second degree and criminal possession of a weapon in the third degree. The court sentenced him to consecutive 2 1/3-to-7-year terms of imprisonment on the robbery and weapons counts...

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