People v. McLellan

*1669Memorandum: 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 sentence survives his waiver of the right to appeal (see People v Christopher T., 48 AD3d 1131 [2008]), we reject defendant’s contention that the imposition of consecutive sentences was illegal. The facts and circumstances that defendant admitted during the plea allocution establish that he committed two separate and distinct acts of oral…