Ordered that the sentence is modified, on the law, by deleting the provision that the terms of imprisonment shall run consecutively and substituting therefor a provision that the terms of imprisonment shall run concurrently to each other; as so modified, the sentence is affirmed.
The transcript of the plea proceedings in this case demonstrates that the defendant's convictions of manslaughter in the first degree and criminal possession of a weapon in the second degree were based on the same act, and there are no facts in the record which support the People's speculation to the contrary. Accordingly, the imposition of consecutive terms was prohibited, and the sentence is modified to make the terms run concurrently (see, Penal Law § 70.25; People v Durio, 175 A.D.2d 842; People v Ellis, 139 A.D.2d 662; People v Terry, 104 A.D.2d 572; cf., People v Brown, 80 N.Y.2d 361).
The defendant's sentence is neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Sullivan, Eiber, Copertino and Santucci, JJ., concur.