PEOPLE v. DEAN RUSSELL


50 A.D.3d 1569 (2008)

857 N.Y.S.2d 397

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY DEAN RUSSELL, Appellant.

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

Decided April 25, 2008.


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

Memorandum:

Defendant appeals from a judgment convicting him, upon a jury trial, of sexual abuse in the first degree (Penal Law § 130.65 [3]) and endangering the welfare of a child (§ 260.10 [1]). We reject defendant's contention that County Court abused its discretion in failing, sua sponte, to order a CPL article 730 examination. There is no indication in the record...

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