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People v. Curione

Supreme Court of New York, Fourth Department
Feb 2, 2024
2024 N.Y. Slip Op. 570 (N.Y. App. Div. 2024)

Opinion

No. 1031 KA 23-00705

02-02-2024

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY B. CURIONE, DEFENDANT-APPELLANT.

SCHLATHER, STUMBAR, PARKS & SALK, LLP, ITHACA (EMILY TURNER OF COUNSEL), FOR DEFENDANT-APPELLANT. MACKENZIE M. STUTZMAN, PENN YAN, FOR RESPONDENT.


SCHLATHER, STUMBAR, PARKS & SALK, LLP, ITHACA (EMILY TURNER OF COUNSEL), FOR DEFENDANT-APPELLANT.

MACKENZIE M. STUTZMAN, PENN YAN, FOR RESPONDENT.

PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, OGDEN, AND DELCONTE, JJ.

Appeal from a judgment of the Yates County Court (Jason L. Cook, J.), rendered February 21, 2023. The judgment convicted defendant upon a nonjury verdict of endangering the welfare of a child and attempted rape in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of endangering the welfare of a child (Penal Law § 260.10 [1]) and attempted rape in the third degree (§§ 110.00, 130.25 [3]). Defendant contends that County Court erred in imposing consecutive definite sentences of imprisonment, the aggregate of which exceeds one year, because the "offenses... were committed as parts of a single incident or transaction" (§ 70.25 [3]). We reject that contention. The incidents giving rise to the conviction involved different victims and occurred several hours apart (see People v O'Neil, 116 A.D.2d 853, 853 [3d Dept 1986]; see generally People v Pinkard, 209 A.D.2d 1051, 1052 [4th Dept 1994]). Inasmuch as the offenses "were committed during separate and distinct incidents or transactions[,]... the court legally imposed consecutive definite sentences, the aggregate of which exceeds one year" (Pinkard, 209 A.D.2d at 1052; see People v Booth, 119 A.D.2d 758, 760 [2d Dept 1986]).


Summaries of

People v. Curione

Supreme Court of New York, Fourth Department
Feb 2, 2024
2024 N.Y. Slip Op. 570 (N.Y. App. Div. 2024)
Case details for

People v. Curione

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY B. CURIONE…

Court:Supreme Court of New York, Fourth Department

Date published: Feb 2, 2024

Citations

2024 N.Y. Slip Op. 570 (N.Y. App. Div. 2024)