Opinion
No. 2010–2654 S CR.
2012-03-8
The PEOPLE of the State of New York, Respondent, v. Dennis J. DOLAN, Appellant.
Present: NICOLAI, P.J., LaCAVA and IANNACCI, JJ.
Appeal from judgments of the District Court of Suffolk County, First District (John Iliou, J.), rendered October 1, 2010. The judgments convicted defendant, upon jury verdicts, of public lewdness and endangering the welfare of a child.
ORDERED that the judgments of conviction are affirmed.
After a jury trial, defendant was convicted of public lewdness (Penal Law § 245.00) and endangering the welfare of a child (Penal Law § 260.10[1] ). Viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 N.Y.2d 620 [1983] ), we find that it was legally sufficient to establish defendant's guilt of public lewdness and endangering the welfare of a child beyond a reasonable doubt.
Defendant argues that he was denied his right to the effective assistance of counsel under both the New York State ( see People v. Benevento, 91 N.Y.2d 708 [1998] ) and federal standards ( see Strickland v. Washington, 466 U.S. 668 [1984];Rosario v. Ercole, 601 F3d 118 [2d Cir2010] ). To the extent that defendant's contention rests on matters dehors the record, it may not be reviewed on this appeal ( see People v. Rivera, 71 N.Y.2d 705 [1988] ). To the extent defendant's contention rests on matters appearing in the record, we find that defendant's claim lacks merit.
Accordingly, the judgments of conviction are affirmed.