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People v. Sumpter

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1994
203 A.D.2d 605 (N.Y. App. Div. 1994)

Opinion

April 25, 1994

Appeal from the Supreme Court, Kings County (Egitto, J.).


Ordered that the sentence is affirmed.

The defendant fired two gunshots, with each bullet killing a separate victim. Although the shots were fired in rapid succession, and were part of the same transaction, the court did not improvidently exercise its discretion in imposing consecutive sentences since the defendant committed separate acts neither of which was a material element of the other (see, Penal Law § 70.25; People v Brown, 80 N.Y.2d 361; People v Brathwaite, 63 N.Y.2d 839; People v Scandell, 143 A.D.2d 423, cert denied 489 U.S. 1080). In addition, the sentences imposed were not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.


Summaries of

People v. Sumpter

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1994
203 A.D.2d 605 (N.Y. App. Div. 1994)
Case details for

People v. Sumpter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KHALIL SUMPTER…

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

Date published: Apr 25, 1994

Citations

203 A.D.2d 605 (N.Y. App. Div. 1994)
610 N.Y.S.2d 614

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