| People v Rondon |
| 2010 NY Slip Op 02870 [72 AD3d 488] |
| April 8, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Victor Rondon, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), forrespondent.
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered April 4,2008, convicting defendant, after a jury trial, of burglary in the first degree, robbery in the firstdegree and two counts each of rape in the first degree, sodomy in the first degree and sexualabuse in the first degree, and sentencing him to an aggregate term of 44 to 107 years,unanimously modified, on the law, to the extent of directing that the sentences for the sexualabuse convictions be served concurrently with the sentences for the rape and sodomyconvictions, and otherwise affirmed.
The court properly exercised its discretion in permitting a police witness to demonstrate forthe jury the loading, chambering and firing mechanism of a semiautomatic pistol, which wasrelevant to an issue in the case. We do not find that the demonstration was so lengthy orrepetitious as to be unduly prejudicial. There is no reason to believe that the extent of thedemonstration affected the verdict.
The court properly imposed consecutive sentences for the burglary and robbery counts sincethe burglary was complete once defendant entered the premises with the intent to commit acrime, notwithstanding that the display of his weapon was an element of both the burglary androbbery charges (see People v Yong Yun Lee, 92 NY2d 987, 989 [1998]). However, thesentences for the sexual abuse convictions should have been concurrent with the sentences forthe other sex offenses (see Penal Law § 70.25 [2]). The evidence showed thatdefendant's acts of [*2]sexual abuse occurring throughout theattack were an integral part of the rape and sodomy (see People v Jones, 295 AD2d 243,244 [2002], lv denied 98 NY2d 769 [2002]). Concur—Andrias, J.P., Saxe,Catterson, Freedman and Abdus-Salaam, JJ.