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People v. Mainella

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1000 (N.Y. App. Div. 1998)

Opinion

June 10, 1998

Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Petit Larceny.

Present — Denman, P. J., Lawton, Wisner, Balio and Boehm, JJ.


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 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 N.Y.2d 208; People v. Pinkard, 209 A.D.2d 1051; People v. Levine, 188 A.D.2d 665, lv denied 82 N.Y.2d 708). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Mainella

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1000 (N.Y. App. Div. 1998)
Case details for

People v. Mainella

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIC MAINELLA, Jr.…

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

Date published: Jun 10, 1998

Citations

251 A.D.2d 1000 (N.Y. App. Div. 1998)
675 N.Y.S.2d 580