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People v. Barber

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 955 (N.Y. App. Div. 1990)

Opinion

June 22, 1990

Appeal from the Ontario County Court, Reed, J.

Present — Dillon, P.J., Denman, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: From our review of the record, we conclude that the People presented sufficient evidence to corroborate the unsworn testimony of the infant victim, as required by CPL 60.20 (3), to sustain defendant's conviction of sexual abuse in the first degree and sodomy in the first degree (see, People v. McGuire, 152 A.D.2d 945, lv denied 74 N.Y.2d 849). We further conclude that the trial court properly sentenced defendant to consecutive sentences for sexual abuse and sodomy because these crimes constitute discrete and separate crimes (see, People v. Tarnowski, 148 A.D.2d 1001, lv denied 74 N.Y.2d 669; People v. Alvarez, 135 A.D.2d 543, 544, lv denied 71 N.Y.2d 892; People v. Telford, 134 A.D.2d 632, 633, lv denied 71 N.Y.2d 903; see also, People v. Keindl, 68 N.Y.2d 410, 420-421, rearg denied 69 N.Y.2d 823).

We have reviewed defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Barber

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 955 (N.Y. App. Div. 1990)
Case details for

People v. Barber

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN A. BARBER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 22, 1990

Citations

162 A.D.2d 955 (N.Y. App. Div. 1990)
558 N.Y.S.2d 337

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