From Casetext: Smarter Legal Research

People v. Drysdale

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2002
295 A.D.2d 533 (N.Y. App. Div. 2002)

Opinion

1999-10276

Argued May 23, 2002.

June 18, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 1, 1999, convicting him of sodomy in the first degree, sexual abuse in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Jack D. Jordan of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Marie-Claude P. Wrenn of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.


ORDERED that the judgment is affirmed.

The defendant's contention that the indictment charging him with sodomy in the first degree was rendered duplicitous by the trial testimony was not preserved for appellate review (see CPL 470.05; People v. Bumbury, 263 A.D.2d 512; People v. Cosby, 222 A.D.2d 690), and we decline to reach this issue in the exercise of our interest of justice jurisdiction.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.

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

FLORIO, J.P., SMITH, FRIEDMANN and H. MILLER, JJ., concur.


Summaries of

People v. Drysdale

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2002
295 A.D.2d 533 (N.Y. App. Div. 2002)
Case details for

People v. Drysdale

Case Details

Full title:THE PEOPLE, ETC., respondent, v. PATRICK DRYSDALE, appellant

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

Date published: Jun 18, 2002

Citations

295 A.D.2d 533 (N.Y. App. Div. 2002)
744 N.Y.S.2d 855

Citing Cases

People v. Syville

An accusatory instrument that is not facially duplicative may be rendered duplicative by testimony (e.g.…

People v. Davis

The defendant's contention that 13 of the counts of the indictment were rendered duplicitous by trial…