PEOPLE v. MURILLO

2140, 2290/11.

144 A.D.3d 450 (2016)

2016 NY Slip Op 07274

39 N.Y.S.3d 792

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR MURILLO, Appellant.

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

Decided November 3, 2016.


The consecutive sentences violated Penal Law § 70.25 (2), which, as pertinent here, requires concurrent sentences "for two or more offenses committed through a single act or omission." The People bear the burden of demonstrating that a defendant is not entitled to concurrent sentencing under that section (People v Wright, 19 N.Y.3d 359, 363 [2012]). That burden was not met here because...

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