Notable Decisions and Other News

Decisions

Second Department Orders Three Sentences to Run Concurrently

12/19/2018

After a jury trial, appellant was convicted of, inter alia, four counts of criminal possession of a weapon in the third degree.  On three of those counts, he was sentenced to consecutive indeterminate terms of imprisonment of 3½ to 7 years.  On appeal, the Appellate Division, Second Department, held that the sentences should have been run concurrently because appellant's convictions on those three counts "were based upon [his] constructive possession of guns in the same location at the same time, and there was no proof of any separate act by [him] which constituted possession of one of the guns, as opposed to either of the other two guns."  Accordingly, the Court determined that the convictions were "based upon the same act" and ordered that the sentences be run concurrently

Kendra Hutchinson of Appellate Advocates briefed and argued the case in the Second Department.