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PEOPLE v. WADE

1825, 943/09.

143 A.D.3d 470 (2016)

2016 NY Slip Op 06541

38 N.Y.S.3d 425

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHARMON WADE, Also Known as SHARMON HOWELL, Appellant.

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

Decided October 6, 2016.

Defendant's plea was not rendered involuntary by the fact that the court did not apprise defendant that, by operation of law, the nine months he served in federal custody between imposition of his concurrent federal and state sentences would not be credited against the maximum term of his state sentence. Where the relationship between sentences is dictated by statute and the court has no choice, its silence on the issue is simply...

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