PEOPLE v. PENA


259 A.D.2d 394 (1999)

688 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON PENA, Appellant.

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

Decided March 23, 1999.


At his plea allocution, defendant admitted that he shot the victim with intent to cause serious physical injury, and that on that same date he possessed a loaded gun with the intent to use it unlawfully against another. Where the People seek to avoid the mandatory imposition of concurrent sentences for offenses that overlap under Penal Law § 70.25 (2), on the ground that the offenses involved two separate and distinct acts, they may rely only on the facts alleged in...

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