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PEOPLE v. ROSAS

8 N.Y.3d 493 (2007)

868 N.E.2d 199

836 N.Y.S.2d 518

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ABEL ROSAS, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 2007.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens (Sharon Y. Brodt and John M. Castellano of counsel), for appellant.

Winston McIntosh, New York City, and Lynn W.L. Fahey for respondent.

Chief Judge KAYE and Judges SMITH and JONES concur with Judge CIPARICK; Judge GRAFFEO dissents in a separate opinion in which Judges READ and PIGOTT concur.

OPINION OF THE COURT

CIPARICK, J.

Defendant was convicted of two counts of first degree murder under Penal Law § 125.27 (1) (a) (viii) for causing the deaths of two individuals during the same criminal transaction. The issue presented by this appeal is whether the resulting sentences imposed must run concurrently or consecutively to one another under Penal Law § 70.25 (2). We conclude, under the...

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