PEOPLE v. LEWIS

890 KA 15-01580.

192 A.D.3d 1532 (2021)

2021 NY Slip Op 01636

The People of the State of New York, Respondent, v. David L. Lewis, Appellant.

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

Decided March 19, 2021.


Attorney(s) appearing for the Case

MICHAEL JOS. WITMER , ROCHESTER, FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Winslow and DeJoseph, JJ.


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, inter alia, attempted criminal sexual act in the first degree (Penal Law §§ 110.00, 130.50 [1]). We affirm.

We reject defendant's contention that he was denied his right to testify before the grand jury inasmuch as the record establishes that neither defendant nor defense counsel served...

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