Opinion
October 31, 1994
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the amended sentence is affirmed.
In imposing an amended sentence upon the defendant's violation of probation, it was within the sentencing court's discretion to direct that the sentence run consecutively to the term of imprisonment previously imposed in Nassau County (see, Penal Law § 70.25; People v. Klein, 126 A.D.2d 670). Moreover, since the sentence of 1 to 3 years imprisonment which was imposed is the minimum lawful sentence for the crime of criminal possession of a weapon in the third degree, a class D felony (see, Penal Law § 265.02, 70.02 Penal [2] [b]; § 70.00 [2] [d]; [3], [4]), there exists no basis for concluding that the sentence was excessive (see, People v. Suitte, 90 A.D.2d 80). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.