People v. Taveras

OPINION OF THE COURT

Graffeo, J.

In this case, we hold that the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a “material element” of falsifying business records in the first degree. We therefore agree with the Appellate Division that the sentencing court’s imposition of consecutive sentences for these crimes does not violate Penal Law § 70.25 (2).

Defendant Juan Paveras, an assistant principal at a high school in Manhattan, sexually abused a number of students from June 2003 until July 2004. The pattern of conduct primarily involved defendant…