Opinion
January 13, 1992
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the sentence is modified, on the law, by deleting the provision that certain of the terms of imprisonment shall run consecutively and substituting therefor a provision that all of the terms of imprisonment shall run concurrently with one another; as so modified, the sentence is affirmed.
We find that the court erred in imposing consecutive sentences for attempted manslaughter in the first degree and for the two counts of criminal possession of a weapon in the second degree since all of the counts arose out of a single act (see, People v Day, 73 N.Y.2d 208; People v. Wilkerson, 162 A.D.2d 568; People v Kuey, 155 A.D.2d 481; Penal Law § 70.25). Mangano, P.J., Kunzeman, Eiber, O'Brien and Ritter, JJ., concur.