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The People of the State of New York, Respondent v. Gary Sessions

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


April 8, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, --
v.
GARY SESSIONS, APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Richard N. Allman, J.), rendered May 9, 2007.

People v Sessions (Gary)

Decided on April 8, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., WESTON and RIOS, JJ

The judgment, insofar as appealed from as limited by the brief, convicted defendant, upon a jury verdict, of failure to register within 10 days after a change of address.

ORDERED that the judgment of conviction, insofar as appealed from, is affirmed.

Following a jury trial, defendant was convicted of failure to register as a sex offender under the Sex Offender Registration Act within 10 days after a change of address (Correction Law § 168-f [4]). Defendant's contention on appeal, that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt, was not preserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]). In any event, viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient to establish defendant's guilt of failure to register within 10 days after a change of address beyond a reasonable doubt.

Accordingly, the judgment of conviction, insofar as appealed from, is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur. Decision Date: April 08, 2013

20130408

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