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Court of Appeals – Consecutive Sentences: People v. Pena
Daily Record Staff//March 20, 2017//
Listen to this articleNew York State Court of Appeals
Consecutive Sentences
Excessive – Preservation
People v. Pena
No. 14
Judge Abdus-Salaam
Background: The defendant was convicted of three counts of predatory sexual assault and three counts of criminal sexual act. He was sentenced to a term of 25 years in prison followed by 20 years of post-release supervision for each of the counts to run concurrently. The three pairs of sentences were to run consecutively with each other, yielding an aggregate term of 75 years to life. The defendant appealed his sentence.
Ruling: The Court of Appeals held that the defendant failed to preserve for review his claim that the sentences were unconstitutionally excessive. The court also found that the defendant did not fit within the narrow exceptions to the preservation rule.
Ephraim Savitt for the appellant; Joshua L. Haber for the respondent
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