PEOPLE v. SMITH


58 A.D.3d 888 (2009)

871 N.Y.S.2d 452

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN D. SMITH SR., Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

January 8, 2009.


Cardona, P.J.

In satisfaction of a 13-count indictment, defendant pleaded guilty to two counts of possessing a sexual performance by a child. He was sentenced in accordance with the plea agreement to two consecutive prison terms of 1 to 3 years. Of the various arguments he raises on appeal, only his challenge to the legality of the sentence has merit.

"It is well settled that sentences are authorized to be imposed consecutively if multiple offenses are committed...

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