PEOPLE v. HUNT

ORDERED that the sentence is modified, on the law, by providing that the term of imprisonment for criminal possession of a weapon in the third degree under the 13th count of the indictment is to run concurrently with the terms of imprisonment imposed for attempted assault in the first degree and assault in the second degree (three counts); as so modified, the sentence is affirmed.

The People correctly concede that the court erred in imposing consecutive sentences for the 10th count (assault in the second degree with a metal spike) and 13th count (criminal possession of a weapon [a metal spike] in the third degree) of the indictment since those convictions arose out of a single incident ( see, People v. Goldring, 243 A.D.2d 578).

BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.