New York Court of Appeals
The People of the State of New York, Respondent v. Ulysess McKnight, Appellant
December 14, 201016 N.Y.3d 43
Summary
The New York Court of Appeals affirmed the Appellate Division’s order imposing consecutive sentences for murder and attempted murder, holding that Penal Law § 70.25(2) does not require concurrent sentences where the offenses were committed through separate and distinct acts. The Court reasoned that the actus reus of the murder (the two shots that killed Smith) was different from the actus reus of the attempted murder (the other eight shots), and therefore the sentencing court possessed discretionary authority to order consecutive terms. The decision was contested by dissenting opinions arguing that the two crimes were committed through the same act and thus required concurrent sentences.