People v Curione, 2024 NY Slip Op 00570 [224 AD3d 1312]

February 2, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Anthony B. Curione, 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.

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 AD2d 853, 853 [3d Dept 1986]; see generally People v Pinkard , 209 AD2d 1051, 1052 [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 AD2d at 1052; see People v Booth , 119 AD2d 758, 760 [2d Dept 1986]). Present—Whalen, P.J., Lindley, Montour, Ogden and DelConte, JJ..