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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 2007
46 A.D.3d 583 (N.Y. App. Div. 2007)

Opinion

No. 1996-01856.

December 4, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered February 20, 1996, convicting him of robbery in the first degree (two counts) and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Marie John-Drigo of counsel), for respondent.

Before Rivera, J.P, Santucci, Krausman and Lifson, JJ.


Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court improperly imposed consecutive terms of imprisonment for his two convictions of robbery in the first degree is without merit. The subject robberies were predicated upon distinct acts committed against separate victims ( see People v Stewartson, 25 AD3d 629, 630; People v Summers, 20 AD3d 546, 547).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 2007
46 A.D.3d 583 (N.Y. App. Div. 2007)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAVONNE SMITH…

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

Date published: Dec 4, 2007

Citations

46 A.D.3d 583 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9612
845 N.Y.S.2d 914

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