New York Court of Appeals

The People of the State of New York, Appellant v. Abel Rosas, Respondent

May 8, 20078 N.Y.3d 493

Summary

The Court affirmed that the two first‑degree murder convictions must be served concurrently because both counts arise from the same actus reus, satisfying Penal Law § 70.25(2). The People failed to meet their burden of proving the legality of consecutive sentences. Justice Graffeo dissented, arguing that each homicide constitutes a separate act and therefore consecutive sentences are permissible.