There is one new decision from the Third Department, People v. Black (3d Dept. 8/26/2009). It is an interesting case that highlights the problem of duplicitous counts. The 36-count indictment charged various sex and endangering the welfare of a child offenses arising out of the defendant's sexual abuse of his girlfriend's step-granddaughter. The court does a thorough analysis, demonstrating why certain counts were duplicitous and others were not.
Another aspect of the case caught the court's attention. At sentencing, the court said it was imposing the maximum sentences on each count and directing that they run consecutive to each other where allowed by law. The appellate court noted that the better practice is for a sentencing court to specify which counts run consecutive and which run concurrent. The Appellate Division then did what the sentencing court should have done and applied the rules of consecutive/concurrent sentencing. The aggregate term was modified to 9-to-28 years. (LC)
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