The People of the State of New York, Appellant v. Andrew LaSalle, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division’s order modifying the defendant’s sentences to run concurrently, holding that under CPL 470.20 an intermediate appellate court may either remit for resentencing or substitute its own legal sentence. The Court found that the Appellate Division did not abuse its discretion in choosing the latter remedy.