The People of the State of New York, Respondent v. Dulys Salcedo, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division’s order imposing consecutive sentences for second‑degree murder and second‑degree criminal possession of a weapon, holding that the offenses were committed through separate and distinct acts and therefore are not subject to concurrent sentencing under Penal Law § 70.25(2). The Court rejected the appellant’s argument that continuous possession of the gun merged with the killing into a single act for sentencing purposes.