People v. Bessette

Summary

The Appellate Division, Third Department affirmed Thomas Bessette's judgment of conviction for course of sexual conduct against a child in the second degree. The court rejected challenges to the weight of the evidence, limitations on cross-examination, the handling of a jury note, alleged improper bolstering, and ineffective assistance of counsel. The court held that the jury's verdict was supported by the evidence and that the asserted errors did not warrant reversal.

Holdings

1. The verdict convicting defendant of course of sexual conduct against a child in the second degree was not against the weight of the evidence.
2. County Court properly limited defendant's cross-examination of the investigating officer and the victim's mother, and did not abuse its discretion.
3. Defendant's claim that the court should have suspended deliberations pending a response to the jury note was unpreserved because he did not make a specific objection that would have permitted County Court to cure the alleged error in real time.
4. Defendant was not denied effective assistance of counsel.

Questions Presented

1. Whether the conviction was against the weight of the evidence.
2. Whether County Court abused its discretion by limiting defendant's cross-examination of the investigating officer and the victim's mother.
3. Whether defendant preserved his claim that County Court improperly failed to respond to a jury note requesting rereading of the reasonable-doubt instruction and the victim's testimony.
4. Whether defense counsel was ineffective for failing to object to allegedly improper bolstering testimony by the investigating officer.

Disposition

affirmed