Opinion
02-02-2024
The PEOPLE of the State of New York, Respondent, v. Anthony B. CURIONE, Defendant-Appellant.
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.
SCHLATHER, STUMBAR, PARKS & SALK, LLP, ITHACA (EMILY TURNER OF COUNSEL), FOR DEFENDANT-APPELLANT.
MACKENZIE M. STUTZMAN, PENN YAN, FOR RESPONDENT.
PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, OGDEN, AND DELCONTE, JJ.
MEMORANDUM AND ORDER
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 A.D.2d 853, 853, 498 N.Y.S.2d 173 [3d Dept. 1986]; see generally People v. Pinkard, 209 A.D.2d 1051, 1052, 619 N.Y.S.2d 1008 [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 A.D.2d at 1052, 619 N.Y.S.2d 1008; see People v. Booth, 119 A.D.2d 758, 760, 501 N.Y.S.2d 166 [2d Dept. 1986]).