Opinion
October 5, 1998
Appeal from the Supreme Court, Queens County (Thomas, J.).
Ordered that the judgment is modified, on the law, by providing that all of the terms of imprisonment shall run concurrently with each other; as so modified, the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
However, under the circumstances of this case, the term of imprisonment imposed upon the conviction of criminal possession of a weapon in the second degree involving the possession of a shotgun must run concurrently with the term imposed for the conviction of attempted robbery in the first degree ( see, People v. Brown, 80 N.Y.2d 361, 364-365; People v. Hakim, 234 A.D.2d 477; People v. Velez, 206 A.D.2d 554).
Mangano, P. J., Rosenblatt, Ritter and Altman, JJ., concur.