People v. Mendez-Huales

People v Mendez-Huales (2020 NY Slip Op 04774) People v Mendez-Huales 2020 NY Slip Op 04774 Decided on August 26, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on August 26, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department MARK C. DILLON, J.P. LEONARD B. AUSTIN COLLEEN D. DUFFY BETSY BARROS, JJ. 2018-03342 (Ind. No. 17-00182) [*1]The People of the State of New York, respondent, v Domingo Mendez-Huales, appellant. James D. Licata, New City, NY (Ellen O'Hara Woods of counsel), for appellant. Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Rockland County (David S. Zuckerman, J.), rendered February 27, 2018, convicting him of predatory sexual assault against a child, course of sexual conduct against a child in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence. ORDERED that the judgment is modified, on the law, by vacating the conviction of course of sexual conduct against a child in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed. As the People concede, the defendant's conviction of predatory sexual assault against a child under Penal Law § 130.96 requires dismissal of the lesser included count of course of sexual conduct against a child in the first degree under Penal Law § 130.75(1)(a) (see People v. Grier, 37 NY2d 847, 848; People v Beauharnois, 64 AD3d 996, 1000-1001). The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). DILLON, J.P., AUSTIN, DUFFY and BARROS, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court