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PEOPLE v. GONZALEZ

KA 04-00880

2009 NY Slip Op 03578

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESUS M. GONZALEZ, DEFENDANT-APPELLANT.

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

Decided May 1, 2009.

Attorney(s) appearing for the Case

KIMBERLY J. CZAPRANSKI, INTERIM CONFLICT DEFENDER, ROCHESTER (RICHARD W. YOUNGMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

JESUS M. GONZALEZ, DEFENDANT-APPELLANT PRO SE.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (ELIZABETH CLIFFORD OF COUNSEL), FOR RESPONDENT.

PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, PINE, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of, inter alia, attempted sodomy in the first degree (Penal Law § 110.00, former § 130.50 [2]), attempted sodomy in the second degree (§ 110.00, former § 130.45 [2]) and attempted sexual abuse in the first degree (§§ 110.00, 130.65 [2]). The conviction arises out of defendant...

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