PEOPLE v. IRIZARRY

Nos. 7268, 6431/07.

94 A.D.3d 444 (2012)

941 N.Y.S.2d 490

2012 NY Slip Op 2562

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL IRIZARRY, Appellant.

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

Decided April 5, 2012.


As the People concede, the court incorrectly sentenced defendant as a second felony offender based on a conviction that occurred after defendant committed the present crimes (see Penal Law § 70.06 [1] [b] [ii]). However, the court lawfully imposed consecutive sentences as a result of defendant's violation of his plea...

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