PEOPLE v. FRAZIER

No. 215

16 N.Y.3d 36 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. Charles FRAZIER, Respondent-Appellant.

Court of Appeals of New York.

Decided December 14, 2010.


Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Eleanor J. Ostrow and Hilary Hassler of counsel), for appellant-respondent.

Center for Appellate Litigation, New York City ( Jody Ratner and Robert S. Dean of counsel), for respondent-appellant.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge LIPPMAN.

The primary issue presented by these cross appeals is whether defendant is subject to consecutive sentences for the crimes of burglary in the second degree and grand larceny in the third degree. Since we find consecutive sentences are authorized, we modify and remit to the Appellate Division for further proceedings.

Defendant broke into two Upper East Side...

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