PEOPLE v. REYES

The People's claim on appeal that the sentence imposed was illegal is not preserved for appellate review ( People v Santiago, 80 N.Y.2d 916). In any event, the sentencing court's findings that defendant did not use a weapon in one of the robberies and that the other robbery did not result in injuries bore directly on the manner in which the robberies were committed. Thus they were properly deemed mitigating circumstances authorizing an exercise of the court's narrow discretion under Penal Law § 70.25 (2-b) to impose a concurrent rather than consecutive sentence for violent felonies committed while defendant was free on bail ( People v Garcia, 84 N.Y.2d 336).

Concur — Rosenberger, J.P., Asch, Williams and Mazzarelli, JJ.