Summary
In People v. Gaskin, 220 AD2d 768 (2nd Dept 1995), appeal denied 87 NY2d 1019 (1996), the defendant acknowledged in his plea allocution that he criminally possessed a handgun for approximately one week before the committed the crime of attempted robbery.
Summary of this case from People v. CuadradoOpinion
October 30, 1995
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the judgment is affirmed.
The defendant acknowledged in his plea allocution that he criminally possessed a handgun for approximately one week before he committed the crime of attempted robbery in the first degree. Accordingly, the same act did not provide the basis of his convictions of both crimes and the imposition of consecutive sentences was not prohibited (cf., People v. Ali, 188 A.D.2d 476; People v. Ellis, 139 A.D.2d 662). Mangano, P.J., Miller, Santucci and Hart, JJ., concur.