PEOPLE v. MOSS

925 KA 17-00230.

200 A.D.3d 1662 (2021)

159 N.Y.S.3d 784

2021 NY Slip Op 07394

The People of the State of New York, Respondent, v. Dwight Moss, Appellant.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT-APPELLANT.

DWIGHT MOSS, DEFENDANT-APPELLANT PRO SE.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DEREK HARNSBERGER OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Lindley, Curran, Troutman and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence, and as modified the judgment is affirmed, and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting him upon a nonjury verdict of, inter alia, sexual abuse in the first degree (Penal Law § 130.65[3]), defendant contends in his main brief that County Court...

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