People v. Rodriguez, 49 A.D.3d 433 (N.Y. App. Div. 2008). · Go Syfert
People v. Rodriguez, 49 A.D.3d 433 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Soto (nyappdiv, 2017-11-29)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Soto
N.Y. App. Div. · 2017 · confidence medium
Contrary to the defendant’s contention, the County Court lawfully imposed consecutive sentences of imprisonment on the convictions of rape in the first degree and criminal sexual act in the first degree because they were “separate and distinct acts, notwithstanding that they occurred in the course of a continuous incident” (People v Wynn, 35 AD3d 283, 284 [2006]; see Penal Law § 70.25 [2]; People v Laureano, 87 NY2d 640, 643 [1996]; People v Pena, 126 AD3d 618 [2015], affd 28 NY3d 727 [2017]; People v Houston, 73 AD3d 1081 [2010]; People v Rodriguez, 49 AD3d 433, 435 [2008]; People v Te…
discussed Cited as authority (rule) People v. Starr
N.Y. App. Div. · 2014 · confidence medium
The imposition of consecutive sentences was proper, as the defendant committed multiple offenses through separate and distinct acts (see Penal Law § 70.25 [2]; People v Battles, 16 NY3d 54, 57-58 [2010]; People v Ramirez, 89 NY2d 444, 451 [1996]; People v Laureano, 87 NY2d 640, 643 [1996]; People v Simmons, 93 AD3d 739 [2012]; People v Rodriguez, 49 AD3d 433, 435 [2008]; People v Wynn, 35 AD3d 283, 284 [2006]).
discussed Cited as authority (rule) People v. Starr
N.Y. App. Div. · 2014 · confidence medium
The imposition of consecutive sentences was proper, as the defendant committed multiple offenses through separate and distinct acts (see Penal Law § 70.25 [2]; People v Battles, 16 NY3d 54, 57-58 [2010]; People v Ramirez, 89 NY2d 444, 451 [1996]; People v Laureano, 87 NY2d 640, 643 [1996]; People v Simmons, 93 AD3d 739 [2012]; People v Rodriguez, 49 AD3d 433, 435 [2008]; People v Wynn, 35 AD3d 283, 284 [2006]).
discussed Cited as authority (rule) People v. Simmons
N.Y. App. Div. · 2012 · confidence medium
The Supreme Court did not err in imposing consecutive sentences on the sexual abuse in the first degree convictions under counts nine and ten of the indictment, inasmuch as the evidence at trial demonstrated that the two offenses were committed through separate and distinct acts (see People v Rodriguez, 49 AD3d 433, 435 [2008]; People v Wynn, 35 AD3d 283, 284 [2006]).
discussed Cited as authority (rule) People v. Cascio
N.Y. App. Div. · 2010 · confidence medium
There is no indication that the witness saw the broadcast or, in the event that he had, that the news broadcast impaired the fairness of the photo array procedure (see generally People v Rodriguez, 49 AD3d 433, 434 [2008], lv denied 10 NY3d 964 [2008]).
discussed Cited "see, e.g." People v. Houston
N.Y. App. Div. · 2010 · signal: see also · confidence low
Contrary to the defendant’s contention, the County Court properly imposed consecutive sentences of imprisonment (see People v Laureano, 87 NY2d 640, 643 [1996]; People v Rosas, 8 NY3d 493 [2007]; Penal Law § 70.25 [2]; see also People v Rodriguez, 49 AD3d 433 [2008]; People v Alford, 266 AD2d 225 [1999]; People v Rivera, 186 AD2d 594 [1992]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Tito Rodriguez
Appellate Division of the Supreme Court of the State of New York.
Mar 20, 2008.
49 A.D.3d 433
Cited by 7 opinions  |  Published

[*434] The court properly denied defendant’s motion to suppress identification testimony. The hearing court properly exercised its discretion (see People v Chipp, 75 NY2d 327, 337 [1990], cert denied 498 US 833 [1990]) in refusing to permit defendant to call as a witness a police sketch artist who had worked with the victim to create a wanted poster. “[T]he purpose and function of the Wade hearing is to determine whether a police-arranged pretrial identification procedure such as a lineup, was unduly suggestive” (id.). The creation of the sketch itself was not an identification procedure (People v Pagan, 248 AD2d 325 [1998], affd 93 NY2d 891 [1999]). There is no indication that the sketch was created on the basis of anything other than information supplied by the victim, or any reason to believe the process of creating a sketch impaired the fairness of the subsequent lineup. We find nothing in People v Maldonado (97 NY2d 522 [2002]), a case dealing with the hearsay implications of admitting a sketch at trial, that supports defendant’s present position. The photographs of the lineup show that the characteristics of the participants were reasonably similar, and any differences were not sufficient to create a substantial likelihood that defendant would be singled out for identification (see Chipp, 75 NY2d at 336; People v Holmes, 291 AD2d 247 [2002], lv denied 98 NY2d 676 [2002]); defendant’s assertion that he was the only participant who fit the victim’s description is without merit. We have considered and rejected defendant’s remaining arguments concerning the suppression hearing and the court’s determination.

None of the evidence relating to DNA violated defendant’s right to confront the witnesses against him (see People v Rawlins, 10 NY3d 136 [2008]).

By failing to object, by making general objections, and by failing to request further relief after an objection was sustained, defendant did not preserve his present challenges to the People’s summation and we decline to review them in the interest of[*435] justice. As an alternative holding, we also reject them on the merits (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]).

The court properly imposed consecutive sentences for the five sexual offenses because they were “separate and distinct acts, notwithstanding that they occurred in the course of a continuous incident” (People v Wynn, 35 AD3d 283, 284 [2006], lv denied 8 NY3d 928 [2007]). Each of the sex crimes was a separate “act” within the meaning of Penal Law § 15.00 (1) and § 70.25 (2), and nothing in the Penal Law requires any type of interval or interruption in a continuous attack in order for the individual acts to qualify as separate for sentencing purposes (see e.g. People v Brathwaite, 63 NY2d 839, 843 [1984] [two victims killed by separate shots fired in single incident]). Concur—Tom, J.P., Friedman, Nardelli, Catterson and Moskowitz, JJ.