Opinion
KA 02-01391
July 3, 2003.
Appeal from a judgment of Cayuga County Court (Corning, J.), entered May 23, 2002, convicting defendant after a jury trial of unlawfully dealing with a child in the first degree.
CHARLES A. MARANGOLA, MORAVIA, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, BURNS, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal from the judgment insofar as it imposes sentence be and the same hereby is unanimously dismissed and the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of unlawfully dealing with a child in the first degree (Penal Law 260.20). Defendant has served his sentence, and thus his contention regarding the severity of his sentence is moot ( see People v. Silmon, 186 A.D.2d 1056, lv denied 81 N.Y.2d 847). Contrary to the further contention of defendant, County Court properly allowed the People to present testimony that defendant had given marihuana to the victim. As the court properly determined, that testimony was probative with respect to defendant's state of mind and intent, and its probative value outweighed any prejudice to defendant ( see generally People v. Alvino, 71 N.Y.2d 233, 241-242). There is a valid line of reasoning and permissible inferences that could lead a rational person to the conclusion reached by the jury based on the evidence at trial, and thus we conclude that the evidence is legally sufficient to support the conviction ( see People v. Bleakley, 69 N.Y.2d 490, 495). In addition, we conclude that the verdict is not against the weight of the evidence ( see id.). We have reviewed defendant's remaining contention and conclude that it is without merit.