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PEOPLE v. WHITAKER

12725, 4621/10.

118 A.D.3d 483 (2014)

987 N.Y.S.2d 138

2014 NY Slip Op 4142

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENTREL WHITAKER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 10, 2014.

Concurrent sentences were required because the two convictions were based on the same act (see Penal Law § 70.25 [2]). Defendant's act of punching the victim in the face while he was on top of her was the force necessary to subdue her in furtherance of the attempted rape (see e.g. People v Carmona, 205 A.D.2d 443 [1st Dept 1994], lv denied 84 N.Y.2d 866 [1994]; People v Bolden, 83 A.D.2d...

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