Opinion
June 26, 1995
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is modified, on the law, by deleting the provision that the terms of imprisonment for robbery in the first degree and criminal possession of a weapon in the second degree shall run consecutively and substituting therefor a provision that these terms of imprisonment shall run concurrently with each other; as so modified, the judgment is affirmed.
The defendant's convictions of robbery in the first degree and criminal possession of a weapon in the second degree were based on the same act. Accordingly, the imposition of consecutive terms of imprisonment was prohibited, and the sentence is modified to make the terms run concurrently (see, Penal Law § 70.25).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.