Opinion
June 10, 1998
Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Petit Larceny.
Present — Denman, P. J., Lawton, Wisner, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court violated Penal Law § 70.25 (2) and (3) by imposing consecutive sentences upon his conviction of two counts of petit larceny (Penal Law § 155.25). Defendant, however, was not charged with larcenies committed by a single act or omission, or during a single incident or transaction. Each offense was a separate crime committed at a discrete time by a distinct act (see, People v. Day, 73 N.Y.2d 208; People v. Pinkard, 209 A.D.2d 1051; People v. Levine, 188 A.D.2d 665, lv denied 82 N.Y.2d 708). The sentence is neither unduly harsh nor severe.