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People v. Strong

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1059 (N.Y. App. Div. 1991)

Opinion

April 26, 1991

Appeal from the Supreme Court, Erie County, Kasler, J.

Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: By failing to object when the 10-year-old witness was sworn, defendant failed to preserve for review the issue of the witness's competency to testify (see, People v. Johnson, 185 N.Y. 219, 228). In view of the strength of the People's case, we decline to reach the issue in the interest of justice (cf., People v. Ranum, 122 A.D.2d 959, 961). We reject defendant's contention that the sentence for these multiple acts of forcible rape upon four young girls was harsh and excessive. Defendant's consecutive sentences are deemed by law to be limited to a term of imprisonment for a minimum of 25 years and a maximum of 50 years; thus, there is no need to modify the judgment (see, People v. Moore, 61 N.Y.2d 575; Penal Law § 70.30 [c] [iii]).

We reject defendant's contention in his pro se supplemental brief that he was deprived of effective assistance of counsel. The other issues raised therein were not preserved for our review and, in any event, they lack merit.


Summaries of

People v. Strong

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1059 (N.Y. App. Div. 1991)
Case details for

People v. Strong

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD STRONG…

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

Date published: Apr 26, 1991

Citations

172 A.D.2d 1059 (N.Y. App. Div. 1991)
569 N.Y.S.2d 316

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