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CONSECUTIVE SENTENCES WHICH AMOUNTED TO A LIFE SENTENCE WITHOUT PAROLE WERE NOT WARRANTED (FOURTH DEPT).

The Fourth Department, ordering the consecutive sentences to run concurrently, determined a de facto life sentence without parole was not warranted:

Defendant’s conviction stems from his conduct in firing a shotgun at police officers while inside his girlfriend’s home and not allowing the girlfriend’s daughter to leave the home. * * *

… [T]he sentence is unduly harsh and severe. Although defendant’s crimes were undoubtedly serious and could easily have resulted in death or injury to the officers, no one was injured or killed during the shootout. We conclude that the de facto life sentence without parole is not warranted here. We therefore modify the judgment as a matter of discretion in the interest of justice by directing that the sentences on the counts of attempted aggravated murder shall run concurrently with each other … . People v Youngblood, 2022 NY Slip Op 00751, Fourth Dept 2-4-22

 

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