People v. Passet

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him, upon a plea of guilty, of two counts of assault in the second degree (Penal Law § 120.05 [3], [9]), defendant contends that County Court erred in imposing consecutive determinate terms of imprisonment of six years on each assault count. We disagree. “The imposition of consecutive sentences was not illegal since each assault was a separate and distinct act” (People v Harmon, 264 AD2d 941, 942), nor did the first assault constitute a material element of the second assault(see, Penal Law § 70.25 [2]; People v…