People v. Walker
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of four counts of sodomy in the second degree (Penal Law former § 130.45)
We reject defendant’s contention that the sentences imposed on the convictions of four counts of sodomy in the second degree may not run consecutively. Each act of sodomy “involved a separate sexual act constituting a distinct offense” and thus the court properly imposed consecutive terms of incarceration (People v Gersten, 280 AD2d 487, 488; see, People v Smithers, 255 AD2d 916, 917, lv denied 92 NY2d 1054; see generally, Penal Law § 70.25 [2]). Finally, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Oneida County Court, Dwyer, J. — Sodomy, 2nd Degree.) Present — Pigott, Jr., P. J., Pine, Wisner, Burns and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.