People v. Pardy

Defendant maintains that his sentence is illegal in that consecutive prison terms were not authorized in the absence of proof concerning when he downloaded the subject images to his computer. We agree. Consecutive sentences are authorized when “ ‘the facts demonstrate that the defendant’s acts underlying the crimes are separate and distinct’ ” (People v Dean, 8 NY3d 929, 930-931 [2007], quoting People v Ramirez, 89 NY2d 444, 451 [1996]). The determination as to whether defendant committed separate and distinct acts of possession turns upon when the images came into his possession (see People…