Opinion
No. 145 SSM 14.
Decided June 11, 2009.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered September 2, 2008. The Appellate Division affirmed a judgment of the Orange County Court (Jeffrey G. Berry, J)., which had convicted defendant, after a nonjury trial, of attempted use of a child in a sexual performance, attempted promoting a sexual performance by a child, attempted criminal sexual act in the third degree, and endangering the welfare of a child (two counts).
People v Cano, 54 AD3d 684, affirmed.
Larkin, Axelrod, Ingrassia Tetenbaum, LLP, Newburgh ( Kathleen V. Wells of counsel), for appellant.
Francis D. Phillips, II, District Attorney, Middletown ( Andrew R. Kass of counsel), for respondent.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed.
The defendant came "dangerously near" the commission of crimes when he arrived at the location of what he thought would be a sexual rendevous with an underage boy. The proof of defendant's intent and extensive preparation followed by his travel to the intended crime scene showed that he was close to achieving his illegal goal and justified his convictions for attempt ( People v Naradzay, 11 NY3d 460).
The appellant's other contentions lack merit.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed in a memorandum.