People v. Quinones
| Decision Date | 21 June 2004 |
| Docket Number | 2002-03736. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS QUINONES, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the conviction of course of sexual conduct against a child in the first degree under count three of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant was accused, inter alia, of subjecting a child to a course of sexual abuse from September 1, 1998, to May 30, 1999, which was the period of time that the child was in the second grade. In the first count of the indictment, the defendant was charged with the crime of course of sexual conduct against a child in the first degree (see Penal Law § 130.75 [1] [a]), based on the alleged sexual abuse that took place from September 1, 1998, to December 31, 1998, when the child was in the first "half" of second grade. In the third count of the indictment, the defendant was charged with another count of the same crime, based on the alleged sexual abuse that took place from January 1, 1999, to May 30, 1999, when the child was in the second "half" of second grade. The defendant was ultimately convicted, inter alia, of both counts, and sentenced to consecutive prison terms of 25 years to life on each of these convictions.
The defendant contends that the indictment is impermissibly multiplicitous in light of these counts. However, this contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Cruz, 96 NY2d 857 [2001]; People v Aarons, 296 AD2d 508 [2002]). Nevertheless, under the circumstances, we reach the contention in our interest of justice jurisdiction.
The crime of course of sexual conduct against a child in the first degree is a continuing offense (see People v McLoud, 291 AD2d 867 [2002]). An indictment cannot charge a defendant with more than one count of a crime that can be characterized as a continuing offense unless there has been an interruption in the course of conduct (cf. Brown v Ohio, 432 US 161 [1977]; Ex Parte Snow, 120 US 274 [1887]; Matter of Johnson v Morgenthau, 69 NY2d 148 [1987]). Here, the course of sexual abuse that took place during the time that the child was in the second grade was continuous. Under these circumstances, the...
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...be characterized as a continuing offense unless there has been an interruption in the course of conduct" ( People v. Quinones , 8 A.D.3d 589, 589-590, 779 N.Y.S.2d 131 [2d Dept. 2004], lv denied 3 N.Y.3d 710, 785 N.Y.S.2d 38, 818 N.E.2d 680 [2004] ; see People v. Young , 141 A.D.3d 551, 553......
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Valentine v. Konteh
...v. Fortier, 146 N.H. 784, 780 A.2d 1243, 1249-50 (2001) (discussing N.H.Rev.Stat. Ann. § 632-A: 2, III (2004)); People v. Quinones, 8 A.D.3d 589, 779 N.Y.S.2d 131 (2004) (discussing N.Y. Penal Law § 130.75 (McKinney 2003)). Such pattern statutes are, in part, a response to the inability of ......
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...course of conduct against the child victim at issue ( see People v. Moore, 59 A.D.3d 809, 810–811, 874 N.Y.S.2d 283;People v. Quinones, 8 A.D.3d 589, 590, 779 N.Y.S.2d 131). The defendant's claims of ineffective assistance of counsel are not properly before this Court, as they involve matte......
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People v. Young
...that can be characterized as a continuing offense unless there has been an interruption in the course of conduct” (People v. Quinones, 8 A.D.3d 589, 589–590, 779 N.Y.S.2d 131 ; see People v. Hoffman, 130 A.D.3d 1152, 1153, 13 N.Y.S.3d 619 ; People v. Atta, 126 A.D.3d 713, 715–716, 5 N.Y.S.3......