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The People of the State of New York, Respondent, v. Ruben Garcia, Appellant

New York Supreme Court, Appellate Division2015-06-16
129 A.D.3d 52410 N.Y.S.3d 433

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Opinion

majority opinion

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.

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.