People v. Laureano

OPINION OF THE COURT

Simons, J.

The issue presented is whether Penal Law § 70.25 (2) requires that defendant be sentenced to concurrent sentences for convictions of manslaughter in the first degree and robbery in the first degree, when the same act caused the victim’s serious physical injury (constituting a material element of robbery in the first degree) and his death (constituting the crime of manslaughter).

Defendant was indicted for two counts of murder in the second degree and two counts of robbery in the first degree arising from the robbery and death of Steven Zabel. As the result of a…