People
v.
Fucci

Appellate Division of the Supreme Court of New York, Second DepartmentMar 21, 2005
790 N.Y.S.2d 891 (N.Y. App. Div. 2005)
790 N.Y.S.2d 89116 A.D.3d 597

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2002-07054, 2002-07055, 2002-07056.

March 21, 2005.

Appeal by the defendant from three judgments of the County Court, Rockland County (Kelly, J.), all rendered August 2, 2001, convicting him of criminal sale of a controlled substance in the third degree under indictment No. 01-00081, criminal possession of a controlled substance in the second degree under indictment No. 01-00082, and conspiracy in the fourth degree under indictment No. 01-00084, upon his pleas of guilty, and imposing sentences.

Before: Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.


Ordered that the judgments are affirmed.

Since the defendant was sentenced as a second felony offender, the sentences imposed were required to run consecutively to the defendant's undischarged sentence on the defendant's prior conviction, notwithstanding the County Court's silence on the issue ( see Penal Law § 70.25 [2-a]; Matter of Madison v. Goord, 274 AD2d 483, 484; People v. Hansen, 267 AD2d 474, 475).