People v. Laureano

Construing N.Y. Penal Law § 70.25

People v. Ramirez

Upholding consecutive robbery sentences where the defendant forcibly took the belongings of two security guards in a hotel parking lot

People v. Fuller

In People v. Fuller, 57 N.Y.2d 152, 455 N.Y.S.2d 253 (1982), the New York Court of Appeals applied a narrow exception to the preservation doctrine in a case where the trial court exceeded its statutory authority, thereby levying an unlawful sentence. Id. at 156-59, 455 N.Y.S.2d at 255-56; accord, e.g., People v. Samms, 95 N.Y.2d 52, 55-56, 710 N.Y.S.2d 310, 312-313 (2000) (failure to object at the time of sentencing did not render the challenge unpreserved, because the sentence was imposed in violation of a statutory mandate and therefore was unauthorized).

People v. Ahmed

In People v. Ahmed, 66 N.Y.2d 307, 487 N.E.2d 894, 496 N.Y.S.2d 984 (1985), the New York Court of Appeals held that even a defendant's consent could not overcome the right to judicial supervision during jury deliberations.

People v. Brown

In People v. Brown, 80 N.Y.2d 361, 590 N.Y.S.2d 422, 604 N.E.2d 1353 (1992), a case not involving weapon possession offenses, the Court stated generally that consecutive sentences may be imposed even though "separate acts" are "part of a single transaction," id. at 364, 590 N.Y.S.2d at 424, 604 N.E.2d 1353, and that separate offenses "spring from distinct acts... distinguishable by culpable mental state, nature and manner of use, time, place and victim," id. at 365, 590 N.Y.S.2d at 424, 604 N.E.2d 1353 (emphasis added).Okafore and Brown provide each side in the pending appeal with helpful language.

People v. Fuentes

People v. Taveras

In Taveras, the Court rejected the argument that a criminal sexual act (sodomy) constituted a material element of first-degree falsifying of business records where defendant asserted that the statutory definition of the latter offense included intent to conceal a crime, in this case the sodomy.