PEOPLE v. SUMPTER

Ordered that the sentence is affirmed.

The defendant fired two gunshots, with each bullet killing a separate victim. Although the shots were fired in rapid succession, and were part of the same transaction, the court did not improvidently exercise its discretion in imposing consecutive sentences since the defendant committed separate acts neither of which was a material element of the other (see, Penal Law § 70.25; People v Brown, 80 N.Y.2d 361; People v Brathwaite, 63 N.Y.2d 839; People v Scandell, 143 A.D.2d 423, cert denied 489 U.S. 1080). In addition, the sentences imposed were not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.