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PEOPLE v. KENDRICK

Appellate Division of the Supreme Court of New York, Third Department.
May 6, 1999
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We reject defendant's contention that imposing consecutive prison terms of 1 1/2 to 3 years in connection with his plea of guilty of four counts of attempted assault in the first degree was improper because the charges resulted from a single criminal act. The 15-count indictment stemmed from a high-speed chase during which defendant rammed a truck into four police vehicles. Inasmuch as the indictment and the plea allocution establish that each instance of ramming a police vehicle was a separate and distinct act and neither was a material element of the other (see, Penal Law ยง 70.25 (2); see also; People v. Bryant, 92 N.Y.2d 216, 230-231), we find no abuse of discretion in County Court imposing consecutive sentences. Finally, we find that the agreed-upon sentence was neither harsh nor excessive and find no extraordinary circumstances warranting a reduction of the sentence imposed in the interest of justice.

Cardona, P. J., Peters, Spain, Carpinello and Graffeo, JJ., concur.

Ordered that the judgment is affirmed.