THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JAMES PERRY DEFENDANT APPELLANT (2011)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed and the matter is remitted to Supreme Court, Monroe County, for proceedings pursuant to CPL 460.50(5).

Memorandum:  Defendant appeals from a judgment convicting him upon a jury verdict of petit larceny (Penal Law § 155.25) and criminal contempt in the second degree (§ 215.50[3] ), as lesser included offenses of the two crimes charged in the indictment.   Contrary to defendant's contention, the imposition of concurrent sentences was not required pursuant to Penal Law § 70.25(2).   Although the underlying acts of theft and criminal contempt “took place over a continuous course of activity, they constituted separate and distinct acts, and [neither] of the completed offenses was a material element of [the other]” (People v. Boyce, 133 A.D.2d 164;  see People v. Bailey, 17 AD3d 1022, lv denied 5 NY3d 803;  see generally People v. Laureano, 87 N.Y.2d 640, 643).

Frances E. Cafarell

Clerk of the Court