How does the court determine the legality of consecutive sentences in a criminal case?

In determining the legality of consecutive sentences, the court compares the statutory elements of the different crimes (People v. Laureano, 87 NY2d 640, 643). Where the elements of the crimes being compared are the same, consecutive sentences are authorized only if the bodily movements comprising the crimes are different and distinct (id. at 643). Central to this analysis is the actus reus element or elements of the crimes being analyzed (id. at 643: People v. Ramirez, 89 NY2d 444, 451). Elements of a crime that are not acts or omissions are not considered in this analysis (Laureano, 87 NY2d at 644).

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