Majority
p. 524The People of the State of New York, Respondent, v Ruben Garcia, Appellant. [10 NYS3d 433]
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered February 20, 2013, convicting defendant, upon his plea of guilty, of two counts of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to consecutive terms of 3V2 to 7 years, unanimously modified, on the law, to the extent of directing that the sentences run concurrently, and otherwise affirmed.
p. 525
As the People concede, defendant possessed two handguns through a single act, and is thus entitled to concurrent sentences (see People v Salazar, 290 AD2d 256 [1st Dept 2002], lv denied 97 NY2d 760 [2002]).
We perceive no basis for any further modification of the sentences.
Concur — Mazzarelli, J.P., Sweeny, Andrias, Saxe and Richter, JJ.
Cases cited
- People v. Salazar 290 AD2d 256 p. 525