PEOPLE v. ALFORD

No. 143 SSM 19.

14 N.Y.3d 846 (2010)

927 N.E.2d 552

901 N.Y.S.2d 132

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY ALFORD, Appellant.

Court of Appeals of New York.

Decided May 4, 2010.


Attorney(s) appearing for the Case

Paul J. Connolly , Delmar, for appellant.

P. David Soares , District Attorney, Albany ( Steven M. Sharp of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by providing that the sentence imposed on count four of the indictment run concurrently with the sentences imposed on counts one and three of the indictment, and, as so modified, affirmed.

Penal Law § 70.25 (2) provides, "[w]hen more than one sentence of imprisonment is imposed on a person for two or more offenses committed through a single act or omission...

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