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  5. 87 N.Y.2d 640 (1996)
 

PEOPLE v. LAUREANO

87 N.Y.2d 640 (1996)

664 N.E.2d 1212

642 N.Y.S.2d 150

The People of the State of New York, Respondent, v. Jose Laureano, Also Known as Eddie, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1996.

Attorney(s) appearing for the Case

Mitchell J. Briskey, New York City, Daniel L. Greenberg and Richard Joselson for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Sylvia Wertheimer and Eleanor J. Ostrow of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE and CIPARICK concur with Judge SIMONS; Judge BELLACOSA dissents in a separate opinion.

SIMONS, J.

The issue presented is whether Penal Law § 70.25 (2) requires that defendant be sentenced to concurrent sentences for convictions of manslaughter in the first degree and robbery in the first degree, when the same act caused the victim's serious physical injury (constituting a material element of robbery in the first degree) and his death (constituting the crime of manslaughter).

Defendant...

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