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Justice Grella

DEFENDANT WAS sentenced to consecutive terms of three to six years and six years to life after pleading guilty to third- and second-degree criminal possession of controlled substances, violative of Penal Law §§220.16(1) and 220.18(1), respectively. He moved to set aside the sentences, arguing that under Penal Law §70.25(2), because the offenses derived from a single act, the sentences should have been imposed to run concurrently. The prosecution argued that defendant waived his rights under §70.25(2) by voluntarily pleading guilty. The court, citing People v. Laureano, found that the concurrent sentencing requirement of Penal Law §70.25(2) could not be waived. Based on the plea negotiations, the court found that defendant expected a total sentence of from nine years to life. Citing People v. Marty, it resentenced defendant to concurrent terms of four years to nine years on his guilty plea to Penal Law §220.16(1) and nine years to life on his guilty plea to Penal Law §220.18(1).

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