PEOPLE v. McNEIL-SMITH

2018-06682, Ind. No. 10190/15.

179 A.D.3d 950 (2020)

114 N.Y.S.3d 242

2020 NY Slip Op 00434

The People of the State of New York, Respondent, v. Irving McNeil-Smith, Appellant.

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

Decided January 22, 2020.


Ordered that the judgment is modified, on the law, by providing that the sentences imposed shall run concurrently with each other; as so modified, the judgment is affirmed.

The People concede that the Supreme Court should not have imposed consecutive sentences on the convictions of attempted assault in the second degree and criminal possession of a weapon in the third degree, as the facts adduced at the plea allocution did not establish that the defendant's acts underlying...

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