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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Robbery: People v. Dekenipp

Fourth Department — Robbery: People v. Dekenipp

Appellate Division, Fourth Department 

Robbery

Consecutive Sentencing

People v. Dekenipp
KA 11-00085
Appealed from Ontario County Court

Background: The defendant was convicted of three charges relating to stealing property from a department store while his children were present. While attempting to leave, the defendant floored his vehicle in reverse, damaging another vehicle and striking the security guard. Among the issues raised on appeal were whether the sentences for robbery, criminal mischief and endangering the welfare of a child could be consecutive.

Ruling: Judgment was modified by running the three sentences concurrently. The acts constituting endangering were not separate from the other. The acts of flooring the vehicle served as the basis for criminal mischief and for use of physical force element for robbery. The three sentences must therefore run concurrently.

David L. Abbatoy Jr. for the defendant; R. Michael Tantillo for the Ontario County District Attorney’s Office

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