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PEOPLE v. BARTHEL

No. 493 KA 18-00164.

199 A.D.3d 32 (2021)

153 N.Y.S.3d 382

2021 NY Slip Op 04834

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH T. BARTHEL, Appellant. (Appeal No. 1.)

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

Bridget L. Field , Rochester, for defendant-appellant.

Sandra Doorley , District Attorney, Rochester ( Daniel Gross of counsel), for respondent.

WHALEN, P.J., CENTRA, TROUTMAN and WINSLOW, JJ., concur.

OPINION OF THE COURT

A sentencing court has no power to dictate whether its sentence will run concurrently or consecutively to another sentence that has not yet been imposed. When a sentencing court violates that rule and purports to direct the relationship between its present sentence and an anticipated forthcoming sentence...

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