Appellate Division of the Supreme Court of New York, 2000

People v. Lewis

Appellate Division of the Supreme Court of New York · Decided January 11, 2000

268 A.D.2d 249; 701 N.Y.S.2d 43; 2000 N.Y. App. Div. LEXIS 324

Cases that cite this one

6 later published cases cite this decision.

Lopez v. Goord (Appellate Division of the Supreme Court of New York 2008)
People v. Blue (Appellate Division of the Supreme Court of New York 2008)
People v. Lopez (Appellate Division of the Supreme Court of New York 2005)
People v. Hayes (Appellate Division of the Supreme Court of New York 2005)
People v. Johnson (Appellate Division of the Supreme Court of New York 2004)
People v. Caver (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered March *25029, 1995, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and attempted robbery in the first degree, and sentencing him to consecutive terms of 8 to 24 years and 4 to 12 years, respectively, unanimously affirmed.

The court properly imposed consecutive sentences. Defendant committed the attempted robbery by brandishing a shotgun and demanding money. Then, in a separate act, unnecessary to the commission of attempted robbery, defendant killed the victim with the shotgun, thus making the attempted robbery a wholly separate crime from the manslaughter (see, People v Yong Yun Lee, 92 NY2d 987; People v Tanner, 30 NY2d 102, 108). We perceive no abuse of sentencing discretion. Concur—William, J. P., Mazzarelli, Wallach, Andrias and Friedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.