Majority
p. 399The People of the State of New York, Respondent, v Rondell McNeill, Appellant. [734 NYS2d 455]
—Appeal by the
p. 400
defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered November 3, 1999, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to consecutive terms of 25 years to life imprisonment and 15 years imprisonment, respectively. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.
Ordered that the judgment is modified, on the law, by providing that the terms of imprisonment shall run concurrently; as so modified, the judgment is affirmed.
Contrary to the defendant’s contention, the pretrial identification procedure was not suggestive (see, People v Sanford, 184 AD2d 671 ; People v Cox, 164 AD2d 779 ). However, the sentence imposed for murder in the second degree must run concurrently with the sentence imposed for criminal possession of a weapon in the second degree, as the possession of the gun was not an act separate from the shooting (see, People v Joseph, 269 AD2d 407 ; People v Durio, 175 AD2d 842 ). Altman, J. P., McGinity, H. Miller and Feuerstein, JJ., concur.
Cases cited
- People v. Cox 164 AD2d 779 p. 400
- People v. Joseph 269 AD2d 407 p. 400
- People v. Durio 175 AD2d 842 p. 400