People v. Rodriguez
Cases that cite this one
7 later published cases cite this decision.
- People v. Soto (Appellate Division of the Supreme Court of New York 2017)
- People v. Starr (Appellate Division of the Supreme Court of New York 2014)
- People v. Starr (Appellate Division of the Supreme Court of New York 2014)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2012)
- People v. Houston (Appellate Division of the Supreme Court of New York 2010)
- People v. Cascio (Appellate Division of the Supreme Court of New York 2010)
- Dunn v. Sears (District Court, S.D. New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
None of the evidence relating to DNA violated defendant’s right to confront the witnesses against him (see People v Rawlins, 10 NY3d 136 [2008]).
By failing to object, by making general objections, and by failing to request further relief after an objection was sustained, defendant did not preserve his present challenges to the People’s summation and we decline to review them in the interest of
The court properly imposed consecutive sentences for the five sexual offenses because they were “separate and distinct acts, notwithstanding that they occurred in the course of a continuous incident” (People v Wynn, 35 AD3d 283, 284 [2006], lv denied 8 NY3d 928 [2007]). Each of the sex crimes was a separate “act” within the meaning of Penal Law § 15.00 (1) and § 70.25 (2), and nothing in the Penal Law requires any type of interval or interruption in a continuous attack in order for the individual acts to qualify as separate for sentencing purposes (see e.g. People v Brathwaite, 63 NY2d 839, 843 [1984] [two victims killed by separate shots fired in single incident]). Concur—Tom, J.P., Friedman, Nardelli, Catterson and Moskowitz, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.