Majority
p. 1000The People of the State of New York, Respondent, v Dominic Mainella, Jr., Appellant. [675 NYS2d 580]
—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
p. 1001
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 NY2d 208 ; People v Pinkard, 209 AD2d 1051 ; People v Levine, 188 AD2d 665 , lv denied 82 NY2d 708 ). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Cattaraugus County Court, Himelein, J.— Petit Larceny.) Present — Denman, P. J., Lawton, Wisner, Balio and Boehm, JJ.
Cases cited
- People v. Day 73 NY2d 208 p. 1001