PEOPLE v. BUCKMASTER (2004)

Defendant appeals from a judgment convicting him, after a jury trial, of sodomy in the first degree (Penal Law former § 130.50[3] ), attempted rape in the first degree (§§ 110.00, 130.35[3] ), sexual abuse in the first degree (§ 130.65[3] ), and endangering the welfare of a child (§ 260.10).   Contrary to defendant's contention, defense counsel provided meaningful representation (see People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400;  People v. Phelps, 4 A.D.3d 863, 771 N.Y.S.2d 783;  People v. Kelly, 309 A.D.2d 1149, 1150, 765 N.Y.S.2d 115, lv. denied 1 N.Y.3d 575, 775 N.Y.S.2d 791, 807 N.E.2d 904;  see also People v. Cuttler, 270 A.D.2d 654, 705 N.Y.S.2d 416, lv. denied 95 N.Y.2d 795, 711 N.Y.S.2d 163, 733 N.E.2d 235).   Because defendant did not move to dismiss at the close of the People's case, his legal insufficiency argument is not preserved for our review (see People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919).   The verdict is not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672), and the sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: