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The People of the State of New York v. Anthony B. Curione

New York v. Anthony B. Curione

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Schlather, Stumbar, Parks & Salk, LLP, Ithaca (Emily Turner of Counsel), for Defendant-Appellant. MacKenzie M. Stutzman, Penn Yan, for Respondent. 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 AD2d 853, 853 [3d Dept 1986]; see generally People v. Pinkard, 209 AD2d 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 AD2d at 1052; see People v. Booth, 119 AD2d 758, 760 [2d Dept 1986]).

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