From Casetext: Smarter Legal Research

People v. Wilmot

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 968 (N.Y. App. Div. 1994)

Opinion

October 31, 1994

Appeal from the Supreme Court, Queens County (Demakos, J.).


Ordered that the amended sentence is affirmed.

In imposing an amended sentence upon the defendant's violation of probation, it was within the sentencing court's discretion to direct that the sentence run consecutively to the term of imprisonment previously imposed in Nassau County (see, Penal Law § 70.25; People v. Klein, 126 A.D.2d 670). Moreover, since the sentence of 1 to 3 years imprisonment which was imposed is the minimum lawful sentence for the crime of criminal possession of a weapon in the third degree, a class D felony (see, Penal Law § 265.02, 70.02 Penal [2] [b]; § 70.00 [2] [d]; [3], [4]), there exists no basis for concluding that the sentence was excessive (see, People v. Suitte, 90 A.D.2d 80). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

People v. Wilmot

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 968 (N.Y. App. Div. 1994)
Case details for

People v. Wilmot

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK WILMOT…

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

Date published: Oct 31, 1994

Citations

208 A.D.2d 968 (N.Y. App. Div. 1994)
617 N.Y.S.2d 882

Citing Cases

U.S. v. Brown

Although Brown was sentenced to one year for his July 22, 1997 gun possession conviction, "the minimal lawful…

People v. Chedick

Ordered that the amended judgment is affirmed. Since this Court is affirming the defendant's conviction under…