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PEOPLE v. BELLIARD

No. 5.

20 N.Y.3d 381 (2013)

985 N.E.2d 415

961 N.Y.S.2d 820

2013 NY Slip Op 884

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

Court of Appeals of New York.

Decided February 12, 2013.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( David R. Juergens of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Kelly Wolford and Leslie E. Swift of counsel), for respondent.

Judges READ, SMITH and PIGOTT concur with Judge GRAFFEO; Chief Judge LIPPMAN dissents in an opinion; Judge RIVERA taking no part.

OPINION OF THE COURT

GRAFFEO, J.

Penal Law § 70.25 (2-a) requires that a prison term imposed upon a second felony offender run consecutively to a previously imposed undischarged sentence. We hold that the consecutive nature of the new sentence is a collateral rather than direct consequence of a conviction in determining the adequacy of a plea allocution.

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