People v. Curtis
Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant was indicted on three counts of rape in the first degree by forcible compulsion and three counts of sodomy in the first degree. The first count of the indictment charged rape by forcible compulsion. The second count charged sodomy by forcible compulsion by penis-to-mouth contact. The third count charged rape by forcible compulsion subsequent to the act alleged in the first count. The fourth count charged rape by forcible compulsion subsequent to the acts alleged in the first and third counts. The fifth count charged sodomy by forcible compulsion by penis-to-
The claimed instances of prosecutorial misconduct were not so egregious that defendant was deprived of a fair trial (see, People v Galloway, 54 NY2d 396). Finally, there is no basis to disturb the consecutive sentences imposed. Although the charges contained in counts one through six of the indictment "arose from one incident involving a continuous course of activity, the evidence presented by the People demonstrated that the defendant engaged in separate sexual acts constituting distinct offenses justifying making the sentences imposed for sodomy in the first degree consecutive to the sentences imposed for rape in the first degree” (People v Telford, 134 AD2d 632, 633, lv denied 71 NY2d 903; see, People v Barber, 162 AD2d 955, lv denied 76 NY2d 937). (Appeal from Judgment of Monroe County Court, Egan, J.—Rape, 1st Degree.) Present—Callahan, J. P., Green, Pine, Fallon and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.