Opinion
May 21, 1982
Appeal from the Niagara County Court, Hannigan, J.
Present — Hancock, Jr., J.P., Doerr, Denman, Boomer and Schnepp, JJ.
Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum. Defendant was convicted of criminally negligent homicide (Penal Law, § 125.10) and reckless driving (Vehicle and Traffic Law, § 1190) and was sentenced to two one-year terms of imprisonment to be served consecutively. The People concede that the maximum sentence which may be imposed for reckless driving is 30 days (Vehicle and Traffic Law, § 1801) but contend that it may be consecutive to the one-year sentence for criminally negligent homicide. Under the circumstances of this case, the reckless driving and the criminally negligent homicide were separate successive acts and not a single act (Penal Law, § 70.25, subd 2; People v. Tanner, 30 N.Y.2d 102, 108; People ex rel. Maurer v Jackson, 2 N.Y.2d 259). Nonetheless, they can be said to have been part of a single transaction. Inasmuch as two definite sentences were imposed, the aggregate of the terms may not exceed one year (Penal Law, § 70.25, subd 2). Accordingly, defendant's sentence is modified to a one-year term for the criminally negligent homicide conviction and a 30-day term for reckless driving to be served concurrently. We have considered the other points raised by defendant and find them to be without merit.