PEOPLE v. McKAY

610 KA 16-01829.

197 A.D.3d 992 (2021)

153 N.Y.S.3d 347

2021 NY Slip Op 04870

The People of the State of New York, Respondent, v. Ian S. McKay, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER, JEFFREY WICKS, PLLC ( JEFFREY WICKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Present—Whalen, P.J., Smith, Peradotto, Curran and DeJoseph, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of rape in the third degree (Penal Law § 130.25[3]), criminal contempt in the second degree (§ 215.50[3]), and harassment in the second degree (§ 240.26[1]). We affirm.

Defendant contends that Supreme Court erred in denying his motion for a mistrial after one of the victims testified...

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