Opinion
April 18, 1988
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgment is modified, on the law, by providing that all terms of imprisonment imposed shall run concurrently to each other; as so modified, the judgment is affirmed.
We find merit to the defendant's contention that he was improperly sentenced with respect to his conviction for criminal possession of a weapon in the second degree. It is well settled that "a court may not impose consecutive sentences where the same act is the basis of convictions obtained on a multiple count indictment" (People ex rel. Maurer v. Jackson, 2 N.Y.2d 259, 267, revg 1 A.D.2d 140, rearg denied 3 A.D.2d 799). Since there is no support in this record to substantiate the People's assertion that the defendant possessed the weapon at any time other than during the commission of the assault and manslaughter, the sentences must run concurrently (see, People v Anderson, 123 A.D.2d 770, lv denied 69 N.Y.2d 824; People v Terry, 104 A.D.2d 572; People v. Torres, 91 A.D.2d 1005, revd on other grounds 60 N.Y.2d 119). We, therefore, modify the sentence accordingly.
We have examined the defendant's remaining contentions and find them to be unpreserved for appellate review, and, in any event, devoid of merit. Eiber, J.P., Kooper, Sullivan and Balletta, JJ., concur.