Opinion
Submitted September 24, 2001.
November 19, 2001.
Appeal by the 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.
Lynn W. L. Fahey, New York, N.Y. (Michelle Mogal of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ann Bordley, and Valerie L. Forbes of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
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 A.D.2d 671; People v. Cox, 164 A.D.2d 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 A.D.2d 407; People v. Durio, 175 A.D.2d 842).
ALTMAN, J.P., McGINITY, H. MILLER and FEUERSTEIN, JJ., concur.