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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN HUMPHREY, Appellant.

Ordered that the judgment is affirmed.

The imposition of consecutive sentences was proper since the acts of attempting to rob the two complainants were separate and distinct, although they occurred within a single transaction ( see, People v. Truesdell, 70 N.Y.2d 809, 811; People v. White, 192 A.D.2d 736). Moreover, the sentences imposed were not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

O'Brien, J. P., Thompson, Sullivan and McGinity, JJ., concur.

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PEOPLE v. HUMPHREY
(Nov 17, 1997)