Opinion
February 2, 1990
Appeal from the Niagara County Court, DiFlorio, J.
Present — Dillon, P.J., Denman, Green, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Contrary to defendant's contention, Penal Law § 70.30 (1) (c) (i) does not require a modification of his sentence. Defendant was sentenced to an aggregate term of 8 to 24 years upon his conviction of two counts of attempted sodomy in the first degree. Penal Law § 70.30 (1) (c) "does not restrict the number or length of the individual consecutive sentences that may be imposed, nor does it require that the resulting aggregate sentence be vacated whenever the aggregate maximum exceeds the limitation[s contained in the statute]"; the section requires only that the Department of Correctional Services determine the aggregate maximum length of imprisonment consistent with the applicable statutory limitation (People v Moore, 61 N.Y.2d 575, 578; People v Shaw, 124 A.D.2d 686, 687, lv denied 69 N.Y.2d 750; People v Thomas, 122 A.D.2d 961, 962; People v Watkins, 121 A.D.2d 583, 584, lv denied 68 N.Y.2d 918; People v Hammond, 116 A.D.2d 766, 767, lv denied 67 N.Y.2d 943). The consecutive sentence imposed was proper.
We further conclude that the sentence imposed was not harsh and excessive (see, People v Farrar, 52 N.Y.2d 302, 305).