PEOPLE v. SULLIVAN


87 Misc.2d 254 (1976)

The People of the State of New York, Respondent, v. Burns Sullivan, Appellant.

Supreme Court, Appellate Term, Second Department.

February 18, 1976


Attorney(s) appearing for the Case

James J. McDonough, Matthew Muraskin and Theodore Ruthizer for appellant. Denis Dillon, District Attorney (Herbert H. Esrick of counsel), for respondent.

Concur: GLICKMAN, P. J., PITTONI and GAGLIARDI, JJ.


MEMORANDUM.

Judgment of conviction is affirmed.

Defendant, after a jury trial, was convicted of public lewdness (Penal Law § 245.00). For the first time on appeal, he raised the objection that the statute defining the offense is unconstitutional. We note that the CPL provides such objection must be made before sentence or it is waived (CPL 170.30, subd 1, par [a]; subd 2; CPL 170.35, subd 1, par [c]; see, also, People v Eric K., NYLJ, Dec. 9, 1975...

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