Opinion
KA 02-02590.
July 9, 2004.
Appeal from a judgment of the Steuben County Court (Peter C. Bradstreet, J.), rendered August 5, 2002. The judgment convicted defendant, after a jury trial, of sodomy in the first degree, attempted rape in the first degree, sexual abuse in the first degree, and endangering the welfare of a child.
Present — Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, after a jury trial, of sodomy in the first degree (Penal Law former § 130.50 [3]), attempted rape in the first degree (§§ 110.00, 130.35 [3]), sexual abuse in the first degree (§ 130.65 [3]), and endangering the welfare of a child (§ 260.10). Contrary to defendant's contention, defense counsel provided meaningful representation ( see People v. Baldi, 54 NY2d 137, 147; People v. Phelps, 4 AD3d 863; People v. Kelly, 309 AD2d 1149, 1150, lv denied 1 NY3d 575; see also People v. Cuttler, 270 AD2d 654, lv denied 95 NY2d 795). Because defendant did not move to dismiss at the close of the People's case, his legal insufficiency argument is not preserved for our review ( see People v. Gray, 86 NY2d 10, 19). The verdict is not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490, 495), and the sentence is not unduly harsh or severe.