New York Court of Appeals, 1994

People v. Leabo

New York Court of Appeals · Decided December 6, 1994 · Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick Concur

644 N.E.2d 1376; 84 N.Y.2d 952; 620 N.Y.S.2d 820; 1994 N.Y. LEXIS 4115 (North Eastern Reporter, Second Series)

Cases that cite this one

35 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Shands (Appellate Division of the Supreme Court of New York 2007)
People v. Laureano (N.Y. 1996)
People v. Sabb (Appellate Division of the Supreme Court of New York 2025)
People v. Hall (Appellate Division of the Supreme Court of New York 2024)
People v. Keller (Appellate Division of the Supreme Court of New York 2019)
LITTLE, CODY, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Little (Appellate Division of the Supreme Court of New York 2016)
People v. Little (Appellate Division of the Supreme Court of New York 2016)
People v. Massia (Appellate Division of the Supreme Court of New York 2015)
SHAY, TIMOTHY A., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Shay (Appellate Division of the Supreme Court of New York 2015)
People v. Shay (Appellate Division of the Supreme Court of New York 2015)
People v. Lee (Appellate Division of the Supreme Court of New York 2013)
People v. Lee (Appellate Division of the Supreme Court of New York 2013)
MORRIS, DAVID, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
JABLONSKI, TIMOTHY, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Jablonski (Appellate Division of the Supreme Court of New York 2012)
People v. Morris (Appellate Division of the Supreme Court of New York 2012)
People v. Morris (Appellate Division of the Supreme Court of New York 2012)
NEWMAN, RODNEY M., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Newman (Appellate Division of the Supreme Court of New York 2011)
People v. Eastwood (Appellate Division of the Supreme Court of New York 2008)
People v. Weber (Appellate Division of the Supreme Court of New York 2007)
People v. McQuiller (Appellate Division of the Supreme Court of New York 2005)
People v. Lawrence (Appellate Division of the Supreme Court of New York 2002)

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 affirmed.

Pursuant to a negotiated plea agreement, defendant was sentenced to a one-to-three-year indeterminate term of imprisonment on his conviction for driving while intoxicated as a felony and a one-year determinate sentence on his conviction for fourth degree criminal mischief. As the court below noted, Penal Law § 70.35 is applicable, since the criminal mischief offense was committed before the indeterminate sentence was imposed. That statute, which provides that "service of an indeterminate sentence of imprisonment shall satisfy any definite sentence of imprisonment imposed on a person for an offense committed prior to the time the indeterminate sentence was imposed,” contemplates that the definite and indeterminate sentences will be served concurrently. Accordingly, the Appellate Division correctly modified defendant’s sentence to make the indeterminate and definite terms run concurrently rather than consecutively, as the trial court had directed.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Order affirmed in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.