People v. Ange

Summary

The New York Appellate Division affirmed a judgment convicting the defendant, after a nonjury trial, of multiple sex offenses involving a child, endangering the welfare of a child, and possessing sexual performances by a child. The court held that several claims were unpreserved, declined discretionary interest-of-justice review of prosecutorial-misconduct claims, and rejected the defendant’s ineffective-assistance and excessive-sentence contentions.

Holdings

1. Defendant's legal-sufficiency claim was unpreserved because his motion to dismiss was not specifically directed at the ground advanced on appeal.
2. The verdict was not against the weight of the evidence.
3. Defendant failed to preserve his claim that prosecutorial misconduct during summation and sentencing deprived him of a fair trial, and the court declined to review the claim in the interest of justice.
4. Defendant was not denied effective assistance of counsel.
5. The sentence was not unduly harsh or severe.

Questions Presented

1. Whether the evidence was legally sufficient to support the convictions despite defendant's failure to preserve that claim by specifically directing his motion to dismiss at the asserted ground.
2. Whether the verdict was against the weight of the evidence.
3. Whether defendant preserved and could obtain discretionary interest-of-justice review of his claim that prosecutorial misconduct during summation and sentencing deprived him of a fair trial.
4. Whether defendant was denied effective assistance of counsel.
5. Whether the sentence was unduly harsh or severe.

Disposition

affirmed