People v. Day

OPINION OF THE COURT

Bellacosa, J.

After a jury trial and conviction, the Trial Justice sentenced defendant on four counts of criminal possession of a forged instrument and of stolen property to four concurrent terms, and on one count of attempted grand larceny to a term consecutive to the other terms. Defendant argues that the trial court was precluded by Penal Law § 70.25 (2) from imposing a consecutive sentence because the crimes of convic*210tion were all part of the same act or, as the statute alternatively proscribes, because the possessory offenses were a material element of the attempted…