PEOPLE v. LONG


27 A.D.3d 302 (2006)

811 N.Y.S.2d 377

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT LONG, Appellant.

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

March 16, 2006.


The court properly imposed consecutive sentences for manslaughter and robbery since it is clear from the careful plea allocution the manslaughter was not part of the robbery, but was an "unnecessary afterthought" (People v Smiley, 121 A.D.2d 274, 276 [1986], lv denied 68 N.Y.2d 817 [1986]). Nevertheless, defendant argues that concurrent sentences were required because the act constituting...

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