People v. Smalls

Weinstein, J.,

concurs in part and dissents in part, and votes to affirm the judgment in its entirety, with the following memorandum: Where a defendant is sentenced for the commission of different offenses and an act constituting one of the offenses is not a material element of the other, courts in their discretion may impose consecutive sentences (People v Doyle, 119 Misc 2d 1). Under the circumstances of this case, it is clear that the sentencing court did not err in imposing consecutive sentences upon defendant on the basis of the separate acts which constituted the crimes of robbery and…