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People v. Cordoba

Appellate Division of the Supreme Court of New York, First Department
Oct 18, 1994
208 A.D.2d 420 (N.Y. App. Div. 1994)

Opinion

October 18, 1994

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


While we agree with defendant that the issue of the legality of a sentence may not be waived as part of a plea bargain (People v Seaberg, 74 N.Y.2d 1, 9), we conclude that he was lawfully sentenced to consecutive terms for possession of drugs and conspiracy to possess the same drugs (People v. Martinez, 198 A.D.2d 197, lv denied 82 N.Y.2d 927). Although the possession can be viewed as closely related to the "overt acts", as alleged in the indictment, which are necessary to prove the conspiracy, the crimes of conspiracy and possession were not committed through a single act (Penal Law § 70.25; § 105.20; People v. McGee, 49 N.Y.2d 48, 57-58, cert denied sub nom. Quamina v. New York, 446 U.S. 942; see also, People v. Brown, 80 N.Y.2d 361, affg 174 A.D.2d 448).

Concur — Wallach, J.P., Kupferman, Ross, Asch and Rubin, JJ.


Summaries of

People v. Cordoba

Appellate Division of the Supreme Court of New York, First Department
Oct 18, 1994
208 A.D.2d 420 (N.Y. App. Div. 1994)
Case details for

People v. Cordoba

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS CORDOBA, Appellant

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

Date published: Oct 18, 1994

Citations

208 A.D.2d 420 (N.Y. App. Div. 1994)
617 N.Y.S.2d 305

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