Opinion
November 7, 1984
Appeal from the Supreme Court, Erie County, Kasler, J.
Present — Hancock, Jr., J.P., Callahan, Doerr, Denman and O'Donnell, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of attempted second degree murder (Penal Law, § 110.00, 125.25 Penal), two counts of first degree robbery (Penal Law, § 160.15) and other offenses. The court sentenced defendant as a second felony offender to 12 1/2 to 25 years' imprisonment for the attempted murder conviction and 12 1/2 to 25 years' imprisonment for one of the robbery convictions. These terms were to run consecutively. On May 31, 1981, defendant and an accomplice forced the victim at gunpoint into the back seat of the victim's automobile. While the accomplice drove the vehicle, defendant removed the victim's wallet, change and watch. After the robbery had been completed and the victim attempted to escape from the vehicle, defendant shot the victim in the face. Under these circumstances, the sentencing court properly concluded that the robbery and attempted murder were separate and distinct acts ( People v Tanner, 30 N.Y.2d 102, 108). Thus, the court's imposition of consecutive sentences was proper (Penal Law, § 70.25, subd 2; People v Walsh, 44 N.Y.2d 631, 635; People ex rel. Maurer v Jackson, 2 N.Y.2d 259). We have considered the other issues raised by defendant and find them to be without merit.