People v. Underwood
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Laureano (N.Y. 1996)
- People v. Bryant (Appellate Division of the Supreme Court of New York 2024)
- People v. McGovern (N.Y. 2024)
- The People v. Ryan P. Brahney (N.Y. 2017)
- People v. Bullip (Appellate Division of the Supreme Court of New York 2009)
- People v. Capehart (Appellate Division of the Supreme Court of New York 2009)
- People v. Jones (Appellate Division of the Supreme Court of New York 2002)
- People v. Mayberry (Appellate Division of the Supreme Court of New York 1996)
- People v. Foy (Appellate Terms of the Supreme Court of New York 1995)
- People v. Campos (Appellate Division of the Supreme Court of New York 1994)
- People v. Jackson (Appellate Division of the Supreme Court of New York 1991)
- People v. Miller (Appellate Division of the Supreme Court of New York 1991)
- People v. Castillo (Appellate Division of the Supreme Court of New York 1991)
- People v. Melendez (Appellate Division of the Supreme Court of New York 1990)
- People v. Tyce (Appellate Division of the Supreme Court of New York 1990)
- People v. Wilkerson (Appellate Division of the Supreme Court of New York 1990)
- People v. Kirkwood (Appellate Division of the Supreme Court of New York 1990)
- People v. Day (N.Y. 1989)
- People v. Udzinski (Appellate Division of the Supreme Court of New York 1989)
- People v. Coleman (Appellate Division of the Supreme Court of New York 1989)
- People v. Higgins (Appellate Division of the Supreme Court of New York 1988)
- People v. Galloway (Appellate Division of the Supreme Court of New York 1988)
- People v. Sanchez (Appellate Division of the Supreme Court of New York 1987)
- People v. Phifer (Appellate Division of the Supreme Court of New York 1986)
- People v. Derhi (Appellate Division of the Supreme Court of New York 1985)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified to provide that the sentences for robbery and assault run concurrently and, as so modified, affirmed.
Defendant was arrested in connection with an incident in which the victim was first approached by two men at the door to her apartment. The victim was knocked unconscious by her assailants and awoke moments later to *883 see defendant kneeling on top of her and choking her. At some time during the incident the assailants took money and keys from their victim. They then fled when neighbors were alerted by the commotion.
Defendant was convicted of both robbery in the first degree (Penal Law, § 160.15) and assault in the first degree (Penal Law, § 120.10, subd 3) and consecutive sentences were imposed. Inasmuch as the People are unable to point to any testimony or evidence which would support the view that the offenses of which defendant stands convicted involved disparate or separate acts, the sentences must run concurrently (Penal Law, § 70.25, subd 2).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order modified in accordance with the memorandum herein and, as so modified, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.