Opinion
06-16-2015
The PEOPLE of the State of New York, Respondent, v. Ruben GARCIA, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Manu K. Balachandran of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Manu K. Balachandran of counsel), for respondent.
Opinion 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 3 ½ to 7 years, unanimously modified, on the law, to the extent of directing that the sentences run concurrently, and otherwise affirmed.As the People concede, defendant possessed two handguns through a single act, and is thus entitled to concurrent sentences (see People v. Salazar, 290 A.D.2d 256, 736 N.Y.S.2d 20 [1st Dept.2002], lv. denied 97 N.Y.2d 760, 742 N.Y.S.2d 621, 769 N.E.2d 367 [2002] ).
We perceive no basis for any further modification of the sentences.
MAZZARELLI, J.P., SWEENY, ANDRIAS, SAXE, RICHTER, JJ., concur.