PEOPLE v. MORTEN

1807, 1807A, 1808B, 3181/06, 3081/07, 2797/07

68 A.D.3d 581 (2009)

2009 NY Slip Op 9402

889 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY MORTEN, Appellant.

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

Decided December 17, 2009.


The record establishes that the court and counsel were under the misapprehension that the court was required to impose a sentence for the bail jumping conviction that was consecutive to the sentences for both the weapon possession and robbery convictions. However, Penal Law § 70.25 (2-c) provides that consecutive sentences are mandated (absent a mitigation finding) only when the bail jumping charge relates to the crime for which the defendant jumped bail, and when the...

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