| People v Collins |
| 2025 NY Slip Op 01534 |
| Decided on March 14, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
JOHN R. LEWIS, SLEEPY HOLLOW, FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (ELISABETH DANNAN OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Onondaga County Court (Theodore H. Limpert, J.), rendered May 18, 2023. The judgment convicted defendant upon a jury verdict of use of a child in a sexual performance, possessing a sexual performance by a child (seven counts), and endangering the welfare of a child.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of one count of use of a child in a sexual performance as a sexually motivated felony (Penal Law §§ 130.91, 263.05), seven counts of possessing a sexual performance by a child (§ 263.16), and one count of endangering the welfare of a child (§ 260.10 [1]). The conviction stems from the discovery of pornographic pictures of a 13-year-old child on defendant's cell phone.
Defendant contends that County Court violated his right to present a defense by improperly limiting his cross-examination of the child. To the extent that defendant's contention is preserved for our review (see generally People v Lane, 7 NY3d 888, 889 [2006]; People v Jones, 193 AD3d 1410, 1412 [4th Dept 2021], lv denied 37 NY3d 972 [2021]), we conclude that it lacks merit (see generally People v Patterson, 188 AD3d 1673, 1673-1674 [4th Dept 2020], lv denied 36 NY3d 1053 [2021]; People v Adeyemi, 32 AD3d 755, 756 [1st Dept 2006], lv denied 7 NY3d 865 [2006]; People v Wegman, 2 AD3d 1333, 1335 [4th Dept 2003], lv denied 2 NY3d 747 [2004]).
Contrary to defendant's further contention, the evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), is legally sufficient to support the conviction with respect to the counts of possessing a sexual performance by a child (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).
We have reviewed defendant's remaining contentions and conclude that none warrants modification or reversal of the judgment.
Entered: March 14, 2025
Ann Dillon Flynn
Clerk of the Court