PEOPLE v. JAMISON

Ind. No. 13770/89. Appeal No. 14061. Case No. 2020-04244.

195 A.D.3d 507 (2021)

145 N.Y.S.3d 348

2021 NY Slip Op 03816

The People of the State of New York, Respondent, v. Randolph Jamison, Appellant.

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

Decided June 15, 2021.


Attorney(s) appearing for the Case

Hegge & Confusione, LLC, New York ( Michael Confusione of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael J. Yetter of counsel), for respondent.

Concur—Renwick, J.P., Kern, Singh, Moulton, JJ.


Defendant is not entitled to serve the sentence on his 1993 drug conviction concurrently with the sentence imposed on his 1991 murder conviction. Although a sentence not specified by the court to be consecutive is automatically concurrent (Penal Law § 70.25[1][a]), and the minutes of the 1993 sentencing (first ordered by defendant in 2009) have been lost, there is ample evidence that the court (Bonnie G. Wittner, J.) pronounced a sentence that was consecutive to the...

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