People v. Gray

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of rape in the first degree (Penal Law § 130.35 [1]), sodomy in the first degree (Penal Law § 130.50 [1]), sexual abuse in the first degree (Penal Law § 130.65 [1]), and unlawful imprisonment in the first degree (Penal Law § 135.10). Defendant was sentenced as a second felony offender to concurrent terms of incarceration, the longest of which are determinate terms of 22 years imposed on the counts of rape and sodomy.

Contrary to defendant’s contention, County Court was required to sentence defendant as…