1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 12 N.Y.3d
  5. 12 N.Y.3d 21 (2009)
 

PEOPLE v. TAVERAS

12 N.Y.3d 21 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN TAVERAS, Appellant.

Court of Appeals of New York.

Decided February 11, 2009.

Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, New York City (Arthur H. Hopkirk and Steven Banks of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Sheryl Feldman and Mary C. Farrington of counsel), for respondent.

Concur: Acting Chief Judge CIPARICK and Judges READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT

GRAFFEO, J.

In this case, we hold that 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. We therefore agree with the Appellate Division that the sentencing court's imposition of consecutive sentences for these crimes does not violate Penal Law § 70.25 (2).

Defendant Juan Taveras, an assistant principal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases