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PEOPLE v. RODRIGUEZ

No. 42.

18 N.Y.3d 667 (2012)

967 N.E.2d 661

944 N.Y.S.2d 438

2012 NY Slip Op 2122

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERGIO RODRIGUEZ, Appellant.

Court of Appeals of New York.

Decided March 22, 2012.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Susan H. Salomon and Robert S. Dean of counsel), for appellant.

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

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents in part and votes to modify in a separate opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

The issue on this appeal is whether CPL 430.10 precludes the Appellate Division from remitting a case for resentencing after concluding that the trial court imposed unlawful consecutive sentences on two of the counts. We conclude that it does not.

In the present case involving a particularly vicious attack, defendant was convicted of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1])...

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