1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 12 N.Y.3d
  5. 12 N.Y.3d 1 (2009)
 

PEOPLE EX REL. GILL v. GREENE

12 N.Y.3d 1 (2009)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANTHONY GILL, Respondent, v. GARY GREENE, as Superintendent of Great Meadow Correctional Facility, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Barbara D. Underwood, Andrea Oser, Nancy A. Spiegel and Frank Brady of counsel), for appellant.

Legal Aid Society, New York City (Robert C. Newman, Steven Banks and William D. Gibney of counsel), for respondent.

Daniel M. Donovan, Jr., District Attorney, Staten Island (Morrie I. Kleinbart, Anthony Girese and Ann C. Sullivan of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

SMITH, J.

We hold that, when a court is required by statute to impose a sentence that is consecutive to another, and the court does not say whether its sentence is consecutive or concurrent, it is deemed to have imposed the consecutive sentence the law requires.

I

In 1994, Anthony Gill was sentenced as a second felony offender to an indeterminate term of 2½ to 5 years...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases