People v. Brahney

After a nonjury trial, Defendant was found guilty of intentional murder and two counts of burglary in the first degree. The trial court, upon resentencing, sentenced Defendant to a term of imprisonment of fifty-four years to life, with the concurrent sentences on the two burglary convictions imposed consecutively to his sentence on the intentional murder conviction. The Appellate Division affirmed. At issue before the Court of appeals was whether consecutive sentences are authorized under N.Y. Penal Law 70.25(2)** for Defendant’s burglary and intentional murder convictions. The Court of Appeals affirmed, holding that, under the circumstances of this case, it cannot be said as a matter of law that the conduct resulting in Defendant’s conviction of intentional murder and the conduct underlying the elements of the burglary convictions was a single act for consecutive sentencing purposes. View "People v. Brahney" on Justia Law