PEOPLE v. KROCKE (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Geoffrey R. KROCKE, Defendant-Appellant.

Decided: October 01, 1999

PRESENT: PINE, J.P., LAWTON, WISNER, HURLBUTT and BALIO, JJ.

Scott P. Falvey, Canandaigua, for defendant-appellant. Jeffrey L. Taylor, New York City, for plaintiff-respondent.

County Court erred in sentencing defendant to consecutive terms of imprisonment upon his conviction of two counts of criminal possession of stolen property in the third degree (Penal Law § 165.50). The two counts of the indictment charge defendant with only a single act of possession (see, People v. Taylor, 197 A.D.2d 858, 859, 602 N.Y.S.2d 469; see also, People v. Cleveland, 236 A.D.2d 802, 653 N.Y.S.2d 472, lv. denied 89 N.Y.2d 1033, 659 N.Y.S.2d 864, 681 N.E.2d 1311). We therefore modify the judgment by directing that the terms of imprisonment run concurrently.

Judgment unanimously modified on the law and as modified affirmed.

MEMORANDUM:

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