PEOPLE v. ALMOND

646 KA 22-00353.

208 A.D.3d 1614 (2022)

175 N.Y.S.3d 793

2022 NY Slip Op 05428

The People of the State of New York, Respondent, v. Matthew Almond, Appellant.

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

Decided September 30, 2022.


Attorney(s) appearing for the Case

JOSEPH A. LOBOSCO , ROCHESTER, FOR DEFENDANT-APPELLANT.

MICHAEL D. CALARCO , DISTRICT ATTORNEY, LYONS ( R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Centra, Winslow and Bannister, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of, inter alia, two counts of predatory sexual assault against a child (Penal Law § 130.96), under a theory of accomplice liability (see § 20.00). Defendant's conviction stems from two incidents in which defendant's paramour engaged in oral sexual conduct with a child less than thirteen...

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