PEOPLE v. RODRIGUEZ

2017-01284. Ind. No. 2532/15.

208 A.D.3d 1367 (2022)

174 N.Y.S.3d 596

2022 NY Slip Op 05336

The People of the State of New York, Respondent, v. Luis A. Rodriguez, Appellant.

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

Decided September 28, 2022.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Samuel Barr of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , and Jill A. Gross-Marks of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Roman, JJ., concur.


Ordered that, upon remittitur from the Court of Appeals, the judgment is affirmed.

The defendant's contention that the counts of the indictment charging him with attempted use of a child in a sexual performance and disseminating indecent material to a minor in the first degree were rendered duplicitous by trial testimony is unpreserved for appellate review (see CPL 470.05[2]; People v Becoats,

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