PEOPLE v. PAYNE

2019-03800, 2021-01152. Ind. No. 147/18.

205 A.D.3d 932 (2022)

166 N.Y.S.3d 588

2022 NY Slip Op 03254

The People of the State of New York, Respondent, v. Trevor Payne, Appellant.

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

Decided May 18, 2022.


Attorney(s) appearing for the Case

Stoll, Glickman & Bellina, LLP, Brooklyn, NY ( Andrew B. Stoll of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Nancy Fitzpatrick Talcott , and Mariana Zelig of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.


Ordered that the judgment and the order are affirmed.

The defendant was convicted after a jury trial of course of sexual conduct in the first degree and endangering the welfare of a child. Following his conviction, the defendant moved pursuant to CPL 440.10 to vacate the judgment of conviction on the ground of ineffective assistance of counsel based on, among other conduct, defense counsel's failure to request a charge on consciousness of guilt evidence. In an order...

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