Summary
In Sturgis, the defendant had been convicted of three counts but the court only pronounced sentence on one of those counts, without specifying to which count the sentence applied, thereby violating CPL 380.20, which requires pronouncement of a sentence as to each count, and leaving the validity of the entire sentence in doubt.
Summary of this case from People v. EdwardsOpinion
Decided February 19, 1987
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Charles T. Maloy, J.
Edward J. Nowak, Public Defender (Howard K. Broder of counsel), for appellant.
Howard R. Relin, District Attorney (Melvin Bressler of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be modified by vacating the sentence and the case remitted to the trial court for resentencing and, as so modified, affirmed.
CPL 380.20 commands that "[i]f an accusatory instrument contains multiple counts and a conviction is entered on more than one count the court must pronounce sentence on each count" (see, People v Abreu, 116 A.D.2d 655; People v Benoit, 115 A.D.2d 608; People v Charles, 98 A.D.2d 780). Upon conviction of two counts of criminal possession of a weapon, third degree, and one count of criminal possession of stolen property, the trial court sentenced defendant to a period of incarceration, "the maximum term not to exceed three years and the minimum term not to exceed one year", without specifying to which of the three counts that sentence applied. Such a sentence violates the mandate of CPL 380.20, and thus must be vacated and the case remitted to the trial court for resentencing.
We have considered defendant's remaining contention and find it to be without merit.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order modified by vacating the sentence and case remitted to Monroe County Court for resentencing and, as so modified, affirmed in a memorandum.