PEOPLE v. RODRIGUEZ

No. 55.

25 N.Y.3d 238 (2015)

32 N.E.3d 930

10 N.Y.S.3d 495

2015 NY Slip Op 03877

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

Court of Appeals of New York.

Decided May 7, 2015.


Attorney(s) appearing for the Case

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

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

Judges READ, PIGOTT, RIVERA and ABDUS-SALAAM concur; Chief Judge LIPPMAN dissents in an opinion in which Judge FAHEY concurs.


OPINION OF THE COURT

On defendant Sergio Rodriguez's prior appeal, we held that CPL 470.20 authorized the Appellate Division to remit the matter to the sentencing court for consideration of whether one of defendant's robbery sentences should be modified to run consecutively in...

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