PEOPLE v. BAILEY

1133 KA 19-01365.

195 A.D.3d 1486 (2021)

147 N.Y.S.3d 850

2021 NY Slip Op 03778

The People of the State of New York, Respondent, v. Gary L. Bailey, Jr., Appellant.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

BELLETIER LAW OFFICE, SYRACUSE ( ANTHONY BELLETIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

BROOKS T. BAKER , DISTRICT ATTORNEY, BATH ( JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, NeMoyer, Troutman and Winslow, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of four counts of sexual abuse in the first degree (Penal Law § 130.65[1]) and five counts of sexual abuse in the third degree (§ 130.55) involving two victims. Defendant contends that he was denied effective assistance of counsel as a result of defense counsel's failure to make a motion to dismiss...

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