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The People of the State of New York, Respondent v. Dennis J. Dolan

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


March 8, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DENNIS J. DOLAN, APPELLANT.

Appeal from judgments of the District Court of Suffolk County, First District (John Iliou, J.), rendered October 1, 2010.

People v Dolan (Dennis)

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 8, 2012

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ

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 NY2d 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 NY2d 708 [1998]) and federal standards (see Strickland v Washington, 466 US 668 [1984]; Rosario v Ercole, 601 F3d 118 [2d Cir 2010]). 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 NY2d 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.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.

Decision Date: March 08, 2012

20120308

© 1992-2012 VersusLaw Inc.



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