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PEOPLE v. ABDULLAH

Appellate Division of the Supreme Court of New York, Second Department.
Jan 13, 1992

Ordered that the sentence is modified, on the law, by deleting the provision that certain of the terms of imprisonment shall run consecutively and substituting therefor a provision that all of the terms of imprisonment shall run concurrently with one another; as so modified, the sentence is affirmed.

We find that the court erred in imposing consecutive sentences for attempted manslaughter in the first degree and for the two counts of criminal possession of a weapon in the second degree since all of the counts arose out of a single act (see, People v Day, 73 N.Y.2d 208; People v. Wilkerson, 162 A.D.2d 568; People v Kuey, 155 A.D.2d 481; Penal Law ยง 70.25). Mangano, P.J., Kunzeman, Eiber, O'Brien and Ritter, JJ., concur.