By Christina Carrega
A higher court ruled on Wednesday that a Queens man’s sentencing was “unlawful” and ordered for its reduction.
Nicolus Bailey received consecutive time in prison for two charges he pleaded guilty to in January 2017. The presiding judge Stephanie Zaro sentenced Bailey to serve two and a half to five years upstate for three counts of third-degree criminal possession of a weapon — totalling between six and a half to 15 years.
After filing a motion to overrule Justice Zaro’s consecutive sentence, the Second Department Appellate Division ruled to in Bailey’s favor to modify his stint to run concurrently.
“Sentences imposed for two or more offenses may not run consecutively where, inter alia, ‘a single act constitutes two offenses,’” according to the decision that cites precedent cases People v McKnight and People vs. Laureano.
The facts of Bailey’s case presented in Queens Supreme Court did not show that separate events occurred.
“We agree with the defendant’s contention that it was unlawful to impose consecutive sentences upon his convictions,” read the four judges’ unanimous decision.
Bailey, 34, is currently held in Auburn Correctional Facility and is up for a parole hearing next month, according to public records. Bailey also had two previous stints in prison and was on parole at the time of the 2016 gun case.