PEOPLE v. SULLIVAN


199 A.D.2d 351 (1993)

604 N.Y.S.2d 262

The People of the State of New York, Respondent, v. Roshawn Sullivan, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 13, 1993


Ordered that the sentence is modified, on the law, by providing that the terms of imprisonment shall run concurrently with each other; as so modified, the sentence is affirmed.

We conclude that the imposition of consecutive terms of imprisonment violated Penal Law § 70.25 (2), as the transcript of the plea proceeding demonstrates that the two charges of which the defendant was convicted were based on the same act (see, People v Ali,

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