Opinion
2011-12-23
The PEOPLE of the State of New York, Respondent, v. James PERRY, Defendant–Appellant.
Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered November 17, 2009. The judgment convicted defendant, upon a jury verdict, of petit larceny and criminal contempt in the second degree.Timothy P. Donaher, Public Defender, Rochester (James Eckert of counsel), for defendant–appellant. Michael C. Green, District Attorney, Rochester (Kelly Christine Wolford of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered November 17, 2009. The judgment convicted defendant, upon a jury verdict, of petit larceny and criminal contempt in the second degree.Timothy P. Donaher, Public Defender, Rochester (James Eckert of counsel), for defendant–appellant. Michael C. Green, District Attorney, Rochester (Kelly Christine Wolford of counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a jury verdict of petit larceny (Penal Law § 155.25) and criminal contempt in the second degree (§ 215.50[3] ), as lesser included offenses of the two crimes charged in the indictment. Contrary to defendant's contention, the imposition of concurrent sentences was not required pursuant to Penal Law § 70.25(2). Although the underlying acts of theft and criminal contempt “took place over a continuous course of activity, they constituted separate and distinct acts, and [neither] of the completed offenses was a material element of [the other]” ( People v. Boyce, 133 A.D.2d 164, 518 N.Y.S.2d 827; see People v. Bailey, 17 A.D.3d 1022, 794 N.Y.S.2d 223, lv. denied 5 N.Y.3d 803, 803 N.Y.S.2d 32, 836 N.E.2d 1155; see generally People v. Laureano, 87 N.Y.2d 640, 643, 642 N.Y.S.2d 150, 664 N.E.2d 1212).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed and the matter is remitted to Supreme Court, Monroe County, for proceedings pursuant to CPL 460.50(5).