Opinion
2019–12903 Ind. No. 2514/18
06-01-2022
The PEOPLE, etc., respondent, v. Rene PEREZ, appellant.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Rhea A. Grob, and Daniel Berman of counsel), for respondent.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Rhea A. Grob, and Daniel Berman of counsel), for respondent.
HECTOR D. LASALLE, P.J., FRANCESCA E. CONNOLLY, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barry E. Warhit, J.), rendered October 16, 2019, convicting him of robbery in the third degree, attempted assault in the second degree, and grand larceny in the fourth degree, upon his plea of guilty, and sentencing him to indeterminate terms of imprisonment of three to six years on the conviction of robbery in the third degree, two to four years on the conviction of attempted assault in the second degree, and two to four years on the conviction of grand larceny in the fourth degree, with the sentences to run consecutively to each other.
ORDERED that the judgment is modified, on the law, by providing that the term of imprisonment imposed on the conviction of grand larceny in the fourth degree shall run concurrently with the term of imprisonment imposed on the conviction of robbery in the third degree; as so modified, the judgment is affirmed.
As the People correctly concede, the sentence imposed on the defendant's conviction of grand larceny in the fourth degree must be modified to run concurrently with the sentence imposed on the conviction of robbery in the third degree (see Penal Law § 70.25[2] ; People v. Dean, 8 N.Y.3d 929, 834 N.Y.S.2d 704, 866 N.E.2d 1032 ; People v. Parks, 95 N.Y.2d 811, 814–815, 712 N.Y.S.2d 429, 734 N.E.2d 741 ; People v. Powell, 187 A.D.3d 611, 131 N.Y.S.3d 125 ; People v. Robinson, 178 A.D.3d 861, 111 N.Y.S.3d 875 ; People v. Smith, 244 A.D.2d 583, 665 N.Y.S.2d 675 ).
LASALLE, P.J., CONNOLLY, GENOVESI and FORD, JJ., concur.