PEOPLE v. TUCKER

387 KA 19-00346.

195 A.D.3d 1547 (2021)

2021 NY Slip Op 03952

The People of the State of New York, Respondent, v. Christopher Tucker, Appellant.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.


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

Memorandum: On appeal from a judgment convicting him upon a jury verdict of predatory sexual assault against a child (Penal Law § 130.96), defendant contends that reversal is required because County Court erred in denying his request to include certain language from the bill of particulars in the jury instructions and that, based on the victim's testimony and the instructions that...

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