People v. Michael Pena

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AD1 order dated March 26, 2015, affirming judgment of conviction. Decision below: 126 A.D.3d 618, 3 NYS3d 604. Pigott, J., granted leave November 4, 2015.
ISSUES PRESENTED: (1) The legality of imposing sentences for three counts of predatory sexual assault consecutively, where the counts stemmed from a single transaction using the same dangerous instrument. (2) Whether the 75-year-to-life sentence was unconstitutional as applied.