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People v. Hurlbut

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 958 (N.Y. App. Div. 1991)

Opinion

December 26, 1991

Appeal from the Oneida County Court, Buckley, J.

Present — Doerr, J.P., Boomer, Pine, Balio and Davis, JJ.


Judgment unanimously modified on the law and as modified affirmed, in accordance with the following Memorandum: County Court erred in imposing consecutive terms of imprisonment upon defendant's conviction on counts numbered 20 and 25 of the indictment. Defendant's acts constituting sexual abuse in the first degree were committed during continuous sexual assaults upon the victims and were an integral part of the crimes of rape and sodomy in the first degree (see, People v Williams, 141 A.D.2d 783, 786, lv denied 72 N.Y.2d 1051; People v Hatch, 105 A.D.2d 549, 551). Accordingly, we modify the sentence to impose concurrent, rather than consecutive, terms of imprisonment of 3 1/2 to 7 years on those sexual abuse counts.

We have reviewed the remaining issues raised by defendant and find them to be without merit.


Summaries of

People v. Hurlbut

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 958 (N.Y. App. Div. 1991)
Case details for

People v. Hurlbut

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL D. HURLBUT…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 26, 1991

Citations

178 A.D.2d 958 (N.Y. App. Div. 1991)
579 N.Y.S.2d 255

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