Appellate Division of the Supreme Court of New York, 2012

Thomas v. Del Gaizo

Thomas v. Del Gaizo
Appellate Division of the Supreme Court of New York · Decided February 2, 2012 · Kavanagh
92 A.D.3d 993; 937 N.Y.2d 474
Thomas v. Del Gaizo

Opinion of the Court

Kavanagh, J.

*994Contrary to petitioner’s contention, the resentencing court was not silent as to the manner in which the sentences were to run. Upon resentencing, Supreme Court explicitly stated that, except for the modification of the sexual abuse in the first degree sentences to be run concurrently, the “previous sentences will remain in effect.” The 1997 originally imposed sentences for the rape, attempted rape and assault in the second degree convictions were ordered to run consecutive to each other. Furthermore, inasmuch as a review of the record reveals no error in the calculation of the consecutively imposed sentences, Supreme Court’s judgment will not be disturbed.

Mercure, A.EJ., Peters, Malone Jr. and McCarthy, JJ., concur. Ordered that the judgment is affirmed, without costs.

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