PEOPLE v. MARTINEZ (1997)

Appeal by the defendant from a judgment of the County Court, Dutchess County (Marlow, J.), rendered January 3, 1995, convicting him of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 Where a defendant is convicted of selling an identified quantity of drugs, and of possessing that same quantity of drugs with the intent to sell it, both convictions arise from a single act and must result in the imposition of concurrent sentences (see, People v. Smith, 209 A.D.2d 996, 622 N.Y.S.2d 163;  People v. Saa, 199 A.D.2d 346, 604 N.Y.S.2d 258;  People v. Foskit, 168 A.D.2d 961, 564 N.Y.S.2d 912;  People v. Haxhijaj, 99 A.D.2d 973, 472 N.Y.S.2d 665).   In the instant case, however, the defendant pleaded guilty to the sale of a quantity of seven ounces of cocaine, and also to possession of a separate quantity of narcotics recovered from his automobile.   Since the sale and possession arose from separate acts, the court possessed the discretion to impose consecutive sentences (see, People v. Brown, 80 N.Y.2d 361, 590 N.Y.S.2d 422, 604 N.E.2d 1353;  People v. Farga, 180 A.D.2d 484, 580 N.Y.S.2d 20;  People v. Littlejohn, 172 A.D.2d 776, 569 N.Y.S.2d 153).

We have reviewed the defendant's remaining contentions and find them to be without merit (see, People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022;  People v. Brumfield, 191 A.D.2d 450, 596 N.Y.S.2d 699;  People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).

MEMORANDUM BY THE COURT.