People v Abreu

People v Abreu 2013 NY Slip Op 00955 Decided on February 14, 2013 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 14, 2013
No. 82 SSM 42

[*1]The People & c., Respondent,

v

Carlos Abreu, Appellant.




Submitted by David J. Klem, for appellant.
Submitted by Timothy C. Stone, for respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant Carlos Abreu completed the offense of second-degree weapon [*2]possession, with the requisite intent, before committing the act constituting first-degree felony murder. Accordingly, the sentences for those crimes could be run consecutively (see People v Salcedo, 92 NY2d 1019, 1020-1021 [1998]). Additionally, the alleged evidentiary errors could not have affected the verdict in light of the overwhelming evidence of defendant's guilt and, thus, any such error would be harmless.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott concur. Judge Rivera took no part.
Decided February 14, 2013