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p. 620The People of the State of New York, Respondent, v Edward C. Piazza, Appellant. (Appeal No. 1.)
Judgment unanimously affirmed. Memorandum: Defendant bore the burden of establishing, by a preponderance of the evidence, that he lacked criminal responsibility by reason of mental disease or defect (see, Penal Law § 40.15; People v Kohl, 72 NY2d 191 ). In rejecting the affirmative defense, the jury was entitled to rely on the presumption of sanity (see, People v Kohl, supra, at 199 ) and on the evidence of defendant’s rational and deliberate conduct (see, People v Moss, 179 AD2d 271 ).
The court did not abuse its discretion in imposing consecu
p. 621
tive sentences. The crimes were separate and distinct acts (Penal Law § 70.25 [2]; People v Brathwaite, 63 NY2d 839 , 842-843). (Appeal from Judgment of Supreme Court, Onondaga County, Gorman, J.—Assault, 2nd Degree.) Present—Callahan, J. P., Green, Lawton, Boehm and Davis, JJ.
Cases cited
- People v. Kohl 72 NY2d 191 p. 620
- People v. Moss 179 AD2d 271 p. 620
- People v. Brathwaite 63 NY2d 839 at 842-843 p. 621