Opinion
July 3, 1989
Appeal from the Supreme Court, Kings County (Kreindler, J.).
Ordered that the judgment is modified, on the law, by providing that all the indeterminate terms of imprisonment shall run concurrently; as so modified, the judgment is affirmed.
There is no merit in the defendant's contention that he was deprived of a fair trial by the instances of alleged prosecutorial misconduct of which he complains. Further, we do not find that the court's charge, when viewed as a whole, failed to instruct the jury adequately on the concept of acting in concert.
We agree, however, that the sentence imposed for assault in the first degree should run concurrently to the sentence imposed for manslaughter in the first degree and modify the judgment accordingly (see, People v Medina, 152 A.D.2d 602 [decided herewith]).
We have reviewed the defendant's remaining contentions and find them to be without merit (see, People v Medina, supra). Mollen, P.J., Spatt, Sullivan and Rosenblatt, JJ., concur.