| People v Lynch |
| 2014 NY Slip Op 02799 [116 AD3d 979] |
| April 23, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ricky A. Lynch, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County(Condon, J.), rendered October 19, 2011, convicting him of criminal possession of aforged instrument in the second degree, identity theft in the first degree, and offering afalse instrument for filing in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly concluded thatthere was no statutory double jeopardy violation (see CPL 40.20; Matter of Kings Point Holdings,LLC v Kings Point Vil. Justice Ct., 83 AD3d 714, 715 [2011]; People vDean, 56 AD2d 242, 245-246 [1977], affd 45 NY2d 651 [1978]). Thecrimes for which the defendant was prosecuted in Suffolk County were not based uponthe same criminal transaction as the crime for which he was prosecuted in WestchesterCounty (see CPL 40.10 [2]; People v Dallas, 46 AD3d 489, 490 [2007]). TheWestchester County prosecution involved a separate offense, which arose out of thedefendant's possession of a different forged instrument than the one at issue in theSuffolk County prosecution.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]).
The defendant's remaining contention is without merit. Rivera, J.P., Leventhal,Hinds-Radix and Maltese, JJ., concur.