PEOPLE v. CAPEHART


61 A.D.3d 885 (2009)

877 N.Y.S.2d 211

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM CAPEHART, Appellant.

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

Decided April 21, 2009.


Ordered that the judgment is modified, on the law, by providing that the term of imprisonment imposed upon the conviction of robbery in the first degree shall run concurrently with the terms of imprisonment imposed upon the convictions of murder in the second degree under count one of the indictment (intentional murder) and murder in the second degree under count two of the indictment (felony murder); as so modified, the judgment is affirmed.

The defendant's assertion...

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