PEOPLE v. JOHNSON

1541. M-4948.

67 A.D.3d 597 (2009)

888 N.Y.S.2d 407

2009 NY Slip Op 08682

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS JOHNSON, Appellant.

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

Decided November 24, 2009.


Defendant was sentenced in 1999 as a second felony offender, and was therefore subject to the consecutive sentencing provisions of Penal Law § 70.25 (2-a). Where a sentencing court is required by statute to impose a consecutive sentence, it is deemed to have imposed the consecutive sentence the law requires, even in the absence of an express judicial directive to that effect (People ex rel. Gill v Greene, 12 N.Y.3d 1 [2009]...

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