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23 Mar 2010, 6:19 pm
In People v Bernell (2010 NY Slip Op 02346 [4th Dept 3/23/10]) the Fourth Department vacated a consecutive sentences when the sentencing court mistakenly believed that it could not impose concurrent sentences:At sentencing, defendant requested that the sentence run concurrently with the indeterminate sentence he was serving at that time. [read post]
