PEOPLE v. SOCCIARELLI

1165 KA 19-01167.

203 A.D.3d 1642 (2022)

163 N.Y.S.3d 730

2022 NY Slip Op 01713

The People of the State of New York, Respondent, v. Michael W. Socciarelli, Appellant. (Appeal No. 1.)

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

Decided March 11, 2022.


Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( ALLYSON L. KEHL-WIERZBOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, Curran and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by directing that the sentences shall run concurrently with one another, and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, rape in the first degree (Penal Law § 130.35 [2]) and criminal sexual act in the first degree (§ 130.50 [2]),...

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