People v. Sergio Rodriguez


AD1 order dated December 12, 2013, affirming judgment of resentence. Decision below: 112 AD3d 488, 976 NYS2d 96. Smith, J., granted leave April 9, 2014.
ISSUES PRESENTED: (1) Whether, notwithstanding the Court of Appeals’ prior decision in this case, 18 NY3d 667 (2012), CPL 430.10 barred the trial court, on a sentencing remand by the Appellate Division, from changing from concurrent to consecutive two of appellant’s lawful sentences, which he had begun to serve. (2) Whether the resentencing court’s imposition of consecutive sentences for assault and first-degree robbery (display apparent firearm) violated PL 70.25(2), where the assault, a shooting, occurred in the course of the robbery, before the “taking.” (3) Whether the resentencing court’s remarks, disparaging as contrived or irrelevant, appellant’s uncontested in-prison achievements, violated due process. (Assigned counsel: Susan Salomon & Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)

C.P.L. § 430.10 and consecutive sentencing