Wednesday, September 24, 2008

Weapons and Assault Sentences to Run Concurrently

In People v Torres, 2008 NY Slip Op 03888 [4th Dept 4/25/2008], the Court agreed
with defendant...that County Court erred in directing that the sentence imposed on the count of criminal possession of a weapon shall run consecutively to the sentence imposed on each count of attempted assault and attempted aggravated assault. There is no evidence that defendant "possessed the pistol with a purpose unrelated to his intent to shoot [the officers]" (People v Hamilton, 4 NY3d 654, 658), and thus the sentence imposed on the count of criminal possession of a weapon in the second degree must run concurrently with the sentences imposed on those counts (see People v Manor, 38 AD3d 1257, 1259, lv denied 9 NY3d 847; People v Boyer, 31 AD3d 1136, 1139, lv denied 7 NY3d 865).

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