Opinion
October 1, 1999
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Possession Stolen Property, 3rd Degree.
PRESENT: PINE, J.P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: County Court erred in sentencing defendant to consecutive terms of imprisonment upon his conviction of two counts of criminal possession of stolen property in the third degree (Penal Law § 165.50). The two counts of the indictment charge defendant with only a single act of possession (see, People v. Taylor, 197 A.D.2d 858, 859; see also, People v. Cleveland, 236 A.D.2d 802, lv denied 89 N.Y.2d 1033). We therefore modify the judgment by directing that the terms of imprisonment run concurrently.