Court of Appeals of New York

Sentence for a criminal sexual act in the third degree and falsifying business records in the first degree is affirmed where the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a "material element" of falsifying business records in the first degree, thus the Appellate Division correctly held that the sentencing court's imposition of consecutive sentences for these crimes was not in error.

Appellate Information

• Decided 02/11/2009
• Published 02/11/2009

Judges

Court

• Court of Appeals of New York

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