People v. Smith

• Decision Date: 27 December 1999
• Citation: 267 A.D.2d 482,700 N.Y.S.2d 751
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>RAYMOND D. SMITH, Appellant.
• Court: New York Supreme Court — Appellate Division

267 A.D.2d 482

700 N.Y.S.2d 751

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.RAYMOND D. SMITH, Appellant.

Decided December 27, 1999.

Ritter, J. P., Friedmann, Feuerstein and Schmidt, JJ., concur.

Ordered that the judgment is modified, on the law, by making the sentences imposed for murder in the second degree under counts three and four, five and six, seven and eight, and nine and ten of the indictment run concurrently with the remaining sentences; as so modified, the judgment is affirmed.

As the People correctly concede, the sentences imposed on the defendant's convictions for murder in the second degree must all run concurrently with each other and to the defendant's remaining sentences because the crimes of which he was convicted were predicated on a single act that was a material element of all the crimes charged (see, People v Kirkwood, 165 AD2d 881).

The defendant's remaining contentions are unpreserved for appellate review (CPL 470.05 [2]; see, People v Graves, 85 NY2d 1024; People v Tevaha, 84 NY2d 879) and we decline to address them in the exercise of our interest of justice jurisdiction.