| People v McLellan |
| 2011 NY Slip Op 02252 [82 AD3d 1668] |
| March 25, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v John R.McLellan, Appellant. |
—[*1] Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from a judgment of the Orleans County Court (Robert C. Noonan, A.J.), renderedFebruary 27, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal sexualact in the second degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty,of two counts of criminal sexual act in the second degree (Penal Law § 130.45 [1]).Although, as the People correctly concede, defendant's challenge to the legality of the sentencesurvives his waiver of the right to appeal (see People v Christopher T., 48 AD3d 1131 [2008]), we rejectdefendant's contention that the imposition of consecutive sentences was illegal. The facts andcircumstances that defendant admitted during the plea allocution establish that he committed twoseparate and distinct acts of oral sexual conduct that formed the basis for the two counts ofcriminal sexual act to which he pleaded guilty. Thus, County Court was authorized to imposeconsecutive sentences (see People vQuirk, 73 AD3d 1089 [2010], lv denied 15 NY3d 955 [2010]; see generallyPeople v Laureano, 87 NY2d 640, 643-644 [1996]). Present—Scudder, P.J., Centra,Sconiers, Gorski and Martoche, JJ.