Narrative Opinion Summary
Raymond Rivera was convicted of multiple offenses, including second-degree burglary and petit larceny, following a guilty plea. The Supreme Court of New York County sentenced him on February 1, 2017, to an aggregate term of 10 years as a second violent felony offender. Subsequently, on October 10, 2017, he pleaded guilty to first-degree burglary and received a concurrent sentence of 16 years, also as a second violent felony offender. The Appellate Division, First Department, affirmed both convictions and sentences on October 18, 2022, finding no basis for sentence reduction and noting that Rivera did not contest the February 1, 2017 conviction. The decision and order were entered on the same date.
Legal Issues Addressed
Affirmation of Convictions and Sentences by Appellate Courtsubscribe to see similar legal issues
Application: The Appellate Division, First Department, affirmed Rivera's convictions and sentences, indicating that there was no basis for reducing the sentences and that Rivera did not challenge his February 1, 2017 conviction.
Reasoning: The Appellate Division, First Department, affirmed both convictions and sentences on October 18, 2022, finding no basis for sentence reduction and noting that Rivera did not contest the February 1, 2017 conviction.
Concurrent Sentencing for Multiple Convictionssubscribe to see similar legal issues
Application: Rivera received concurrent sentences for his separate guilty pleas to second-degree burglary and petit larceny, and first-degree burglary, reflecting a legal approach to sentencing multiple offenses committed by the same individual.
Reasoning: Subsequently, on October 10, 2017, he pleaded guilty to first-degree burglary and received a concurrent sentence of 16 years, also as a second violent felony offender.
Sentencing as a Second Violent Felony Offendersubscribe to see similar legal issues
Application: The court applied the status of second violent felony offender to enhance the sentence imposed on Raymond Rivera for both convictions.
Reasoning: The Supreme Court of New York County sentenced him on February 1, 2017, to an aggregate term of 10 years as a second violent felony offender.