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People v. Krocke

265 A.D.2d 879 Court N.Y. App. Div. Decision date 1999-10-01 English

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p. 879
The People of the State of New York, Respondent, v Geoffrey R. Krocke, Appellant.
[696 NYS2d 333]

—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 AD2d 858 , 859; see also, People v Cleveland, 236 AD2d 802 , Iv denied 89 NY2d 1033 ). We therefore modify the judgment by directing that the terms of imprisonment run concurrently. (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.