Opinion
November 15, 1995
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: We reject the contention that defendant was coerced into rejecting the plea offer by Supreme Court's mistaken calculation of the maximum sentence he could receive after trial (see, People v Bradley, 184 A.D.2d 1041, lv denied 80 N.Y.2d 927). The contention that the court failed to provide "meaningful notice" of the jury's requests for further information and instruction (see, CPL 310.30) has not been preserved for our review (see, CPL 470.05; People v DeRosario, 81 N.Y.2d 801, 803; People v Fink, 199 A.D.2d 855, lv denied 83 N.Y.2d 852), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [a]). The court properly determined that defendant's arrest was supported by probable cause (see, People v Rivera, 210 A.D.2d 895) and properly denied the motion to suppress defendant's statements to the police. The sentence imposed is not unduly harsh or severe.
The sentence must be modified, however, because the sentencing court erred in imposing consecutive sentences on the conviction of three counts of criminal possession of a weapon in the second degree (Penal Law § 265.03) arising out of the incident at Tomatoes Pizzeria (see, People v Murphy, 115 A.D.2d 249, lv denied 67 N.Y.2d 887). We modify the sentence, therefore, by directing that the sentences imposed on counts 19, 20 and 21 of the indictment run concurrently (see, Penal Law § 70.25).