Opinion
April 25, 1995
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
The imposition of consecutive sentences was not violative of Penal Law § 70.25 (2), defendant having pleaded to two distinct and separate crimes, involving different acts, that do not contain common material elements (People v Brown, 80 N.Y.2d 361, 363-364). Nor was the sentence excessive, in view of the coldblooded slaying of an innocent bystander.
Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Tom, JJ.