People v. Taveras

Summary

The New York Court of Appeals held that consecutive sentences for third-degree criminal sexual act and first-degree falsifying business records did not violate Penal Law § 70.25(2). The court concluded that the sexual act was not a material element of falsifying business records because the latter offense is defined by the actus reus of making a false business-record entry and an enhanced intent requirement. The court affirmed the Appellate Division's order.

Holdings

1. The actus reus of third-degree criminal sexual act is not a material element of first-degree falsifying business records. The offenses have categorically discrete statutory elements, so Penal Law § 70.25 (2) does not prohibit consecutive sentences for them.
2. A separate crime does not automatically become a material element of first-degree falsifying business records merely because the prosecution relies on the statute's intent-to-conceal prong.

Questions Presented

1. Whether Penal Law § 70.25 (2) required concurrent sentences because the actus reus of third-degree criminal sexual act was a material element of first-degree falsifying business records.
2. Whether an underlying crime automatically becomes a material element of first-degree falsifying business records when the falsification is committed with intent to conceal that crime.

Disposition

affirmed