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PEOPLE v. FERNANDEZ

2020-01468. Ind. No. 1084/18.

201 A.D.3d 736 (2022)

156 N.Y.S.3d 890

2022 NY Slip Op 00190

The People of the State of New York, Respondent, v. Welinton Fernandez, Appellant.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Goldberger & Dubin, P.C., New York, NY ( Edgar L. Fankbonner of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Rebecca Nealon of counsel), for respondent.

Chambers, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the judgment is affirmed.

The defendant was convicted of criminal sexual act in the first degree and sexual abuse in the first degree based on the complainant's testimony, the testimony of two individuals to whom the complainant promptly reported the incident, and DNA evidence.

Contrary to the defendant's contention, he was provided with meaningful representation at trial (see People v Benevento, 91 N.Y.2d 708

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