Summary
In People v. Ali, 188 AD2d 476 (2nd Dept 1992), the transcript of the plea demonstrated that the manslaughter and criminal possession of a weapon convictions were based on the same act, and there were no facts in the record to support the People's speculation to the contrary.
Summary of this case from People v. CuadradoOpinion
December 7, 1992
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the sentence is modified, on the law, by deleting the provision that the terms of imprisonment shall run consecutively and substituting therefor a provision that the terms of imprisonment shall run concurrently to each other; as so modified, the sentence is affirmed.
The transcript of the plea proceedings in this case demonstrates that the defendant's convictions of manslaughter in the first degree and criminal possession of a weapon in the second degree were based on the same act, and there are no facts in the record which support the People's speculation to the contrary. Accordingly, the imposition of consecutive terms was prohibited, and the sentence is modified to make the terms run concurrently (see, Penal Law § 70.25; People v Durio, 175 A.D.2d 842; People v Ellis, 139 A.D.2d 662; People v Terry, 104 A.D.2d 572; cf., People v Brown, 80 N.Y.2d 361).
The defendant's sentence is neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Sullivan, Eiber, Copertino and Santucci, JJ., concur.