Carozza v. City of New York
829 N.Y.S.2d 501
N.Y. App. Div.
2007
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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v DAMON MURRAY, Appellant.

Supreme Court, Appellate Division, First Department, New York

829 N.Y.S.2d 106

Order, Supreme Court, Bronx County (Peter J. Benitez, J.), entered October 20, 2004

Order, Supreme Court, Bronx County (Peter J. Benitez, J.), entered October 20, 2004, which denied defendant’s CPL 440.20 motion to set aside his sentence, unanimously affirmed.

The procedure by which the sentencing court determined that defendant was eligible for consecutive sentences did not violate the principles of

. In imposing consecutive sentences for defendant’s convictions of robbery in the first degree and assault in the first degree and a concurrent sentence on the conviction of criminal possession of a weapon in the second degree, the court did not engage in any fact-finding, but instead made a legal determination based on facts already found by the jury (see
, lv denied
;
, cert denied
; cf
). Concur—Tom, J.P., Sullivan, Nardelli, Gonzalez and Malone, JJ.