People v. Carlos Herring


AD2 order dated January 18, 2011, affirming judgment of conviction. Decision below: 80 AD3d 711, 915 NYS2d 152. Lippman, Ch. J., granted leave July 7, 2011.

ISSUES PRESENTED: 1) Whether the court could impose consecutive sentences for third-degree weapon possession and second-degree murder, where the defendant had brandished the gun at another decedent. (2) Denial of defense motion for a mistrial based upon a sleeping juror. (3) Whether a sanction had to be imposed for the loss of Rosario material. (Assigned counsel: Diane E. Selker, 701 Nelson Avenue, Peekskill, NY 10566.)

Consecutive sentencing; sleeping juror; sanction for lost Rosario