PEOPLE v. CANO (2009)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Jesus CANO, Appellant

Decided: June 11, 2009

Larkin, Axelrod, Ingrassia & Tetenbaum, LLP, Newburgh (Kathleen v. Wells of counsel), for appellant. Francis D. Phillips, II, District Attorney, Middletown (Andrew R. Kass of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed.

The defendant came “dangerously near” the commission of crimes when he arrived at the location of what he thought would be a sexual rendezvous with an underage boy. The proof of defendant's intent and extensive preparation followed by his travel to the intended crime scene showed that he was close to achieving his illegal goal and justified his convictions for attempt (People v. Naradzay, 11 N.Y.3d 460, 872 N.Y.S.2d 373, 900 N.E.2d 924 [2008] ).

The appellant's other contentions lack merit.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

MEMORANDUM.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

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