PEOPLE v. PADILLA (1997)

Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered January 20, 1994, convicting him of murder in the second degree (two counts), attempted murder in the second degree (three counts), assault in the first degree (three counts), criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

We find no basis for the defendant's claim that the prosecutor unfairly presented the case to the Grand Jury (see, CPL 210.35[5];  People v. Lancaster, 69 N.Y.2d 20, 511 N.Y.S.2d 559, 503 N.E.2d 990, cert. denied 480 U.S. 922, 107 S.Ct. 1383, 94 L.Ed.2d 697).

The imposition of consecutive sentences was warranted since the trial evidence showed that the defendant fired at least 10 shots at a car containing five men, killing two of them and seriously injuring three others (see, Penal Law § 70.25[2] );  (People v. Sumpter, 203 A.D.2d 605, 610 N.Y.S.2d 614).  Moreover, the defendant's sentence was not excessive.

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.