Filed Date: 10/8/1987
Status: Precedential
Modified Date: 10/28/2024
Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered March 12, 1985, convicting defendant, after a jury trial, of two counts of criminal possession of a weapon in the second degree (Penal
In our view, although defendant’s conviction involved two related incidents, one on June 29, 1984, when he fired a pistol through the front door of an apartment occupied by Laurene Harley and her family at 559 West 140th Street, and the other on July 1, 1984, when he pointed the same pistol four inches from Laurene Harley’s temple in the vestibule of the building, the imposition of consecutive terms of imprisonment here is unduly harsh and severe. Accordingly, we modify the judgment so as to impose concurrent terms. We reach this conclusion based upon our review of all of the facts and circumstances and with due consideration of the seriousness of the criminal charges and the presentence report.
We have examined defendant’s remaining contentions and find them lacking in merit. Concur—Murphy, P. J., Kupferman, Sandler, Sullivan and Kassal, JJ.