| People v Abreu |
| 2013 NY Slip Op 00955 [20 NY3d 1040] |
| February 14, 2013 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 10, 2013 |
| The People of the State of New York, Respondent, v Carlos Abreu, Appellant. |
Decided February 14, 2013
People v Abreu, 89 AD3d 412, affirmed.
APPEARANCES OF COUNSEL
Robert S. Dean, Center for Appellate Litigation, New York City (David J. Klem of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Timothy C. Stone of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant Carlos Abreu completed the offense of second-degree weapon [*2]possession, with the requisite intent, before committing the act constituting first-degree felony murder. Accordingly, the sentences for those crimes could be run consecutively (see People v Salcedo, 92 NY2d 1019, 1020-1021 [1998]). Additionally, the alleged evidentiary errors could not have affected the verdict in light of the overwhelming evidence of defendant's guilt and, thus, any such error would be harmless.
Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott concur; Judge Rivera taking no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.