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THE SENTENCES FOR ASSAULT AND POSSESSION OF A WEAPON SHOULD NOT HAVE BEEN IMPOSED CONSECUTIVELY (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, determined the evidence did not support consecutive sentences for assault second and criminal possession of a weapon second:

… [T]he sentence imposed on the conviction of assault in the second degree should not run consecutively to the sentence imposed on the conviction of attempted criminal possession of a weapon in the second degree. There were no facts adduced at the defendant’s plea allocution to establish that the defendant attempted to possess ” a loaded firearm before forming the intent to cause a crime with that weapon'” … . People v Goodman, 2020 NY Slip Op 04857, Second Dept 9-2-20

 

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