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People v. Brown

Court of Appeals of New York

November 14, 2013

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.

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Page 743

[977 N.Y.S.2d 725] The Legal Aid Society, Bronx (Lily 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.

Page 744

OPINION

READ, J.

[999 N.E.2d 1170] 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 permissible.

I

Statutory Background

Penal Law ยง 70.25(2) provides as follows:

Page 745

" When more than one sentence of imprisonment is imposed on a person for two or more offenses committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material ...

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