PEOPLE v. HOLMES

2009-01619.

92 A.D.3d 957 (2012)

938 N.Y.S.2d 9023

2012 NY Slip Op 1617

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS HOLMES, Also Known as SHABAKA SHAKUR, Appellant.

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

Decided February 28, 2012.


Ordered that the order is affirmed.

The Supreme Court properly denied the defendant's motion pursuant to CPL 440.20 to set aside so much of his sentence as imposed consecutive terms of imprisonment upon his two convictions of murder in the second degree (see Penal Law § 125.25 [1]). The challenged consecutive sentences were imposed pursuant to the statutory sentencing scheme that requires concurrent sentences to be imposed "[w]hen more than one sentence...

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