Opinion
No. 82 SSM 42
02-14-2013
The People & c., Respondent, v. Carlos Abreu, Appellant.
Submitted by David J. Klem, for appellant. Submitted by Timothy C. Stone, for respondent.
Submitted by David J. Klem, for appellant.
Submitted by Timothy C. Stone, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
Defendant Carlos Abreu completed the offense of second-degree weapon possession, with the requisite intent, before committing the act constituting first-degree felony murder. Accordingly, the sentences for those crimes could be run consecutively (see People v Salcedo, 92 NY2d 1019, 1020-1021 [1998]). Additionally, the alleged evidentiary errors could not have affected the verdict in light of the overwhelming evidence of defendant's guilt and, thus, any such error would be harmless.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott concur. Judge Rivera took no part.