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People v. Butler

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 1997
241 A.D.2d 912 (N.Y. App. Div. 1997)

Opinion

July 3, 1997

Present — Denman, P. J., Green, Balio, Boehm and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly directed that the sentence on the third count of the indictment, attempted murder in the second degree (Penal Law § 110.00, 125.25 Penal [1]), run consecutively to the sentences on the first count, burglary in the first degree (Penal Law § 140.30), and the fifth count, robbery in the first degree (Penal Law § 160.15). "Consecutive sentences are proper for separate and distinct acts which violate more than one section of the Penal Law, even if such acts are part of a `continuous course of activity' (People v Brown, 66 A.D.2d 223, 226)" (People v. Hatch, 105 A.D.2d 549, 550-551; see, People v. Gonsa, 220 A.D.2d 27, 32-33, lv denied 89 N.Y.2d 923). We reject defendant's contention that the imposition of consecutive terms of imprisonment renders the sentence unduly harsh or severe. We have considered defendant's remaining contentions and conclude that they are lacking in merit. (Appeal from Judgment of Onondaga County Court, Burke, J. — Attempted Murder, 2nd Degree.)


Summaries of

People v. Butler

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 1997
241 A.D.2d 912 (N.Y. App. Div. 1997)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEO R. BUTLER, JR.…

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

Date published: Jul 3, 1997

Citations

241 A.D.2d 912 (N.Y. App. Div. 1997)
663 N.Y.S.2d 1024

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