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PEOPLE v. BROWN

Nos. 199, 200, 201.

21 N.Y.3d 739 (2013)

2013 NY Slip Op 7514

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS BROWN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH HARRIS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARNELL CARTER, Appellant.

Court of Appeals of New York.

Decided November 14, 2013.

Attorney(s) appearing for the Case

The Legal Aid Society, Bronx ( City Goetz of counsel), and Richard M. Greenberg , Office of the Appellate Defender, New York City ( Risa Gerson of counsel), for appellant in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Martin J. Foncello , Susan Axelrod and Christopher P. Marinelli of counsel), for respondent in the first above-entitled action.

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Thomas M. Nosewicz of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ellen Stanfield Friedman and Christopher P. Marinelli of counsel), for respondent in the second above-entitled action.

David J. Farrugia , Public Defender, Lockport ( Mary-Jean Bowman of counsel), for appellant in the third above-entitled action.

Michael J. Violante , District Attorney, Lockport ( Thomas H. Brandt of counsel), for respondent in the third above-entitled action.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

READ, J.

We are asked in these appeals to decide whether a sentence imposed for "simple" knowing, unlawful possession of a loaded weapon (i.e., without any intent to use) was properly run consecutively to the sentence for another crime committed with the same weapon. We conclude that these three defendants completed the crime of possession independently of their commission of the later crimes, and therefore consecutive sentencing was...

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