PEOPLE v. PERKINS

93 KA 17-00042.

196 A.D.3d 1107 (2021)

151 N.Y.S.3d 583

2021 NY Slip Op 04422

The People of the State of New York, Respondent, v. Tony Perkins, Appellant.

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

Decided July 16, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( KAYLAN PORTER OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, Lindley, Troutman 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 rape in the third degree (Penal Law § 130.25[2]) and endangering the welfare of a child (§ 260.10[1]). We affirm.

Contrary to defendant's contention, County Court properly denied his motion to preclude identification testimony without holding either a Wade or a Rodriguez

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