Burglary: People v. Elder

Daily Record Staff//March 24, 2010//

Listen to this article

Appellate Division, Fourth Department

Consecutive Sentencing

People v. Elder
KA 09-00602
Appealed from Niagara County Court

Background: After pleading guilty to second-degree burglary, the defendant was sentenced to consecutive terms. On appeal he argued the judge should have conducted a hearing to consider whether concurrent sentences were warranted.

Ruling: The conviction is affirmed. By statute, when a defendant commits a violent felony offense after arraignment and while on release, the sentences must be consecutive. The court may order concurrent sentences in the interest of justice when there are mitigating circumstances. The defendant failed to show any mitigating circumstances and his contention actually is a challenge to the severity of his sentence.

Kathleen E. Casey for the defendant, and Thomas H. Brandt, Niagara County District Attorney’s Office

Select Region or Brand

Upcoming Event