People v. Almeida

Memorandum. A search of defendant’s person revealed that he was in possession of 28 glassine envelopes containing heroin and a knife with a 10-inch blade. Defendant, after a jury trial, was convicted of criminal possession of a controlled substance in the seventh degree and possession of a dangerous weapon. He was sentenced to consecutive terms of one-year imprisonment on the narcotics charge and nine-months imprisonment on the weapons count. Defendant contends that this sentence violates subdivision 3 of section 70.25 of the Penal Law, which states that "[w]here consecutive definite…