Opinion
01-02-2015
The PEOPLE of the State of New York, Respondent, v. Vernon WASHINGTON, Defendant–Appellant.
Frank H. Hiscock Legal Aid Society, Syracuse (Christine M. Cook of Counsel), for Defendant–Appellant. William J. Fitzpatrick, District Attorney, Syracuse (Misha A. Coulson of Counsel), for Respondent.
Frank H. Hiscock Legal Aid Society, Syracuse (Christine M. Cook of Counsel), for Defendant–Appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Misha A. Coulson of Counsel), for Respondent.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3 ] ), defendant contends that County Court abused its discretion in directing that the sentence run consecutively to, rather than concurrently with, a prior undischarged sentence for an unrelated conviction. We reject that contention. The court did not abuse its discretion in determining that no mitigating circumstances were present to warrant the imposition of a concurrent sentence in the interest of justice (see Penal Law § 70.25[2–b] ; see generally People v. Garcia, 84 N.Y.2d 336, 341–343, 618 N.Y.S.2d 621, 642 N.E.2d 1077 ; People v. Elder, 71 A.D.3d 1483, 1484, 896 N.Y.S.2d 559, lv. denied 16 N.Y.3d 743, 917 N.Y.S.2d 624, 942 N.E.2d 1049, reconsideration denied 16 N.Y.3d 858, 923 N.Y.S.2d 420, 947 N.E.2d 1199 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., FAHEY, WHALEN, and DEJOSEPH, JJ., concur.