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People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 432 (N.Y. App. Div. 2000)

Opinion

Argued December 1, 2000.

December 19, 2000.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered August 27, 1998, convicting him of rape in the first degree (two counts), sodomy in the first degree (three counts), sexual abuse in the first degree (six counts), and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Gary Greenwald, Chester, N.Y. (Marie DuSault and Joanna Greenwald of counsel), for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Upon the exercise of our factual review power, we find that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 432 (N.Y. App. Div. 2000)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DARYL KELLY, APPELLANT. (IND. NO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 19, 2000

Citations

278 A.D.2d 432 (N.Y. App. Div. 2000)
718 N.Y.S.2d 607

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