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PEOPLE v. WRIGHT

No. 105.

19 N.Y.3d 359 (2012)

971 N.E.2d 358

948 N.Y.S.2d 228

2012 NY Slip Op 4273

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEDARRIUS WRIGHT, Appellant.

Court of Appeals of New York.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Barbara Zolot and Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Christopher P. Marinelli and Eleanor J. Ostrow of counsel), for respondent.

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

OPINION OF THE COURT

CIPARICK, J.

The question presented is whether Penal Law § 70.25 (2) precludes the imposition of consecutive sentences for defendant's convictions of murder in the first degree and criminal possession of a weapon in the second degree. We hold that under the circumstances presented here, because the offense of possessing a gun with unlawful intent was only completed upon defendant's commission of the ensuing substantive crime of...

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