Opinion
August 25, 1986
Appeal from the County Court, Suffolk County (Copertino, J.).
Justice Brown has been substituted for retired Justice O'Connor.
Judgment affirmed.
Contrary to the defendant's contentions on appeal, a modification of his sentence is not required under authority of Penal Law § 70.30 (1) (c). Although the defendant was sentenced to an aggregate term of 18 1/2 to 37 years, upon his conviction under three separate and unrelated judgments, the statute which he cites does not restrict the number or length of the individual consecutive sentences that may properly be imposed, nor does it require that the resulting aggregate sentence be vacated whenever the aggregate maximum exceeds the limitations contained in the statute (see, People v Moore, 61 N.Y.2d 575). Rather, Penal Law § 70.30 (1) (c) merely governs the manner in which the defendant's maximum release date shall be calculated by the appropriate correctional agency.
We further find that the sentencing court did not abuse its discretion in sentencing the defendant to the maximum permissible terms of incarceration. Brown, J.P., Weinstein, Niehoff and Eiber, JJ., concur.