Opinion
2017–04996 Ind. No. 257/16
03-20-2019
The PEOPLE, etc., Respondent, v. Emmanuel LOUIS, Appellant.
Paul Skip Laisure, New York, N.Y. (Lauren E. Jones of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Lauren E. Jones of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (William Garnett, J.), rendered March 30, 2017, convicting him of attempted robbery in the third degree and attempted assault in the second degree, upon his plea of guilty, and sentencing him, as a second felony offender, to consecutive indeterminate terms of imprisonment 1½ to 3 years on each conviction.
ORDERED that the judgment is modified, on the law, by providing that the sentences imposed shall run concurrently with each other; as so modified, the judgment is affirmed.
As the People correctly concede, the sentence imposed upon the defendant's conviction of attempted assault in the second degree must be modified to run concurrently with the sentence imposed upon the conviction of attempted robbery in the third degree (see Penal Law § 70.25[2] ; People v. Parks , 95 N.Y.2d 811, 814–815, 712 N.Y.S.2d 429, 734 N.E.2d 741 ; People v. Nicholson , 101 A.D.3d 904, 905, 954 N.Y.S.2d 894 ; People v. Malone , 51 A.D.3d 693, 855 N.Y.S.2d 913 ; People v. Tucker , 33 A.D.3d 635, 636, 822 N.Y.S.2d 126 ).
DILLON, J.P., CHAMBERS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.