纽约法院判决原文 2.pdfVIP

M E M O R A N D U M SUPREME COURT, QUEENS COUNTY CRIMINAL TERM, PARTK-7 THE PEOPLE OF THE STATE OF NEW YORK : BY: BARRY KRON, AJSC -against- : DATED: APRIL 9, 2002 STANLEY BELLAMY, : IND. NO.: 5308/85 Defendant. : Defendant has moved, p r o se, for an order to set aside [his] indeterminate consecutive sentences,pursuant to CPL 440.20. This case involved the robbery of two victims: Mr. Owens, who was shot and died of his wounds, and Mr. Morrison, who was shot and survived. After a jury trial, defendant was convicted on January 15, 1987 of two counts of Murder in the Second Degree (intentional and felony), Attempted Murder in the Second Degree and two counts of Robbery in the First Degree. On February 13, 1987, defendant was adjudicated a predicate felony offender and sentenced to two concurrent prison terms of from twenty five years to life on each of the murder counts and to three consecutive terms of frem twelve and one half years to twenty five years for the attempted murder and each of the robbery counts. The latter three sentences were to run consecutive to each other and to the sentences for murder. Defendant appealed the judgment of conviction to the Appellate Division, Second Department. On February 13, 1990 the court 1 affirmed defendants judgment of conviction, rejecting his claims that the prosecutor committed misconduct in his summation,and that the sentence was excessive ( P e o p l e v B e l l m y , 158 AD2d 526). Application for leave to appeal to the Court of Appeals was denied ( P e o p l e v B e l l m y , 7 5 NY2d 963). Defendant argues that: the sentence for felony murder of Mr. Owens and the sentence for the robbery of Mr. Owens should have been concurrent, rather than consecutive;