People v. Garcia, 129 A.D.3d 524 (N.Y. App. Div. 1st Dep't 2015). · Go Syfert
People v. Garcia, 129 A.D.3d 524 (N.Y. App. Div. 1st Dep't 2015). Cases Citing This Book View Copy Cite
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The People of the State of New York, Respondent,
v.
Ruben Garcia, Appellant
15425 304/13.
Appellate Division of the Supreme Court of the State of New York.
Jun 16, 2015.
Published opinion
129 A.D.3d 524
Mazzarelli, Sweeny, Andrias, Saxe, Richter.
Cited by 3 opinions  |  Published

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 3V2 to 7 years, unanimously modified, on the law, to the extent of directing that the sentences run concurrently, and otherwise affirmed.

[*525] As the People concede, defendant possessed two handguns through a single act, and is thus entitled to concurrent sentences (see People v Salazar, 290 AD2d 256 [1st Dept 2002], lv denied 97 NY2d 760 [2002]).

We perceive no basis for any further modification of the sentences.

Concur — Mazzarelli, J.P., Sweeny, Andrias, Saxe and Richter, JJ.