Opinion
August 17, 1987
Appeal from the Supreme Court, Kings County (Lagana, J.).
Ordered that the judgment is affirmed.
Upon the exercise of our factual review power we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15).
The imposition of consecutive terms of imprisonment on the convictions for rape in the first degree, sodomy in the first degree, and burglary in the first degree was proper. Although these crimes took place over a continuous course of activity, they constituted separate and distinct acts, and none of the completed offenses was a material element of another offense. Therefore, concurrent sentences were not mandated (see, Penal Law § 70.25; see also, People v. Brathwaite, 63 N.Y.2d 839, 842-843; People v. Dorsey, 79 A.D.2d 611; People v. McMillan, 61 A.D.2d 800). We decline to substitute our discretion for that of the sentencing court (see, CPL 470.15; People v. Suitte, 90 A.D.2d 80). Niehoff, J.P., Weinstein, Rubin and Kooper, JJ., concur.