PEOPLE, ETC., res, v. LEVY G. LASSITER, JR., ap — (IND. NOS. 41/14, 126/14)Appeals by the defendant from two judgments of the County Court, Dutchess County (Greller, J.), both rendered December 15, 2015, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), under Indictment No. 126/14, and criminal possession of a controlled substance in the third degree (four counts), under Indictment No. 41/14, upon a jury verdict. The court imposed determinate terms of imprisonment of 10 years for the convictions under counts one and two of Indictment No. 126/14 (criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree), to run concurrently with each other and consecutively to determinate concurrent terms of imprisonment of 10 years for the convictions under counts three and four of Indictment No. 126/14 (criminal sale of a controlled substance in the third degree and criminal possession of controlled substance in the third degree). The court imposed determinate terms of imprisonment of 10 years for the convictions under counts one through four of Indictment No. 41/14 (criminal possession of a controlled substance in the third degree), to run concurrently with each other and consecutively to the terms imposed under Indictment No. 126/14. The court also imposed fines totaling $8,000 under Indictment No. 126/14, and $4,000 under Indictment No. 41/14. The appeals bring up for review the denial of the defendant’s omnibus motion to suppress physical evidence.
ORDERED that the judgment under Indictment No. 41/14 is modified, as a matter of discretion in the interest of justice, by providing that the sentences imposed for the convictions under counts one through four that indictment shall run concurrently with the sentences imposed for the convictions under counts one through four of Indictment No. 126/14; as so modified, the judgment under Indictment No. 41/14 is affirmed; and it is further,
