People v. Parks, 66 A.D.3d 1429 (N.Y. App. Div. 2009). · Go Syfert
People v. Parks, 66 A.D.3d 1429 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: People v. Vargas (nyappdiv, 2010-04-01)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Vargas
N.Y. App. Div. · 2010 · confidence medium
People v Squires, 68 AD3d 900, 900 [2d Dept 2009]; People v Beriguete, 51 AD3d 939 , 940 [2d Dept 2008], lv denied 11 NY3d 734 [2008]; People v Cooper, 67 AD3d 1254, 1255 [3d Dept 2009]; People v Camerena, 42 AD3d 814, 815 [3d Dept 2007], lv denied 9 NY3d 921 [2007]; People v Lombardi, 68 AD3d 1765, 1766 [4th Dept 2009]; People v Parks, 66 AD3d 1429, 1429 [4th Dept 2009]; People v Laing, 66 AD3d 1353, 1354 [4th Dept 2009], lv denied 13 NY3d 908 [2009]). .
discussed Cited "see" People v. Brown
N.Y. App. Div. · 2012 · signal: see · confidence high
Specifically, defendant either failed to object to the alleged instances of misconduct (see People v Paul, 78 AD3d 1684, 1684-1685 [2010], lv denied 16 NY3d 834 [2011]), or his objections thereto “were merely general objections without a specified basis” (People v Beggs, 19 AD3d 1150, 1151 [2005], lv denied 5 NY3d 803 [2005]; see People v Parks, 66 AD3d 1429 , 1430 [2009], lv denied 14 NY3d 804 [2010]; see generally People v Romero, 7 NY3d 911, 912 [2006]).
discussed Cited "see" BROWN, LEROY, PEOPLE v
N.Y. App. Div. · 2012 · signal: see · confidence high
Specifically, defendant either failed to object to the alleged instances of misconduct (see People v Paul, 78 AD3d 1684, 1684-1685 , lv denied 16 NY3d 834 ), or his objections thereto “were merely general objections without a specified basis” (People v Beggs, 19 AD3d 1150, 1151 , lv denied 5 NY3d 803 ; see People v Parks, 66 AD3d 1429, 1430 , lv denied 14 NY3d 804 ; see generally People v Romero, 7 NY3d 911, 912 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Kevin J. Parks, Jr.
Appellate Division of the Supreme Court of the State of New York.
Oct 2, 2009.
66 A.D.3d 1429
Cited by 2 opinions  |  Published

Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered October 26, 2004. The judgment convicted defendant, upon a jury verdict, of course of sexual conduct against a child in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1] [a]). Defendant failed to renew his motion for a trial order of dismissal after presenting evidence and thus failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (see People v Hines, 97 NY2d 56, 61 [2001], rearg denied 97 NY2d 678 [2001]). Contrary to defendant’s further contention, defense counsel was not ineffective in failing to renew the motion for a trial order of dismissal (see People v Bassett, 55 AD3d 1434, 1438 [2008], lv denied 11 NY3d 922 [2009]), nor was she ineffective in failing to make objections that “would[*1430] have been unavailing” (People v Guerrero, 22 AD3d 266, 267 [2005], lv denied 5 NY3d 882 [2005]). Viewing the evidence, the law, and the circumstances of this case, in totality and as of the time of the representation, we conclude that defense counsel provided meaningful representation (see People v Baldi, 54 NY2d 137, 147 [1981]). The “unspecified, general objections” by defense counsel to the prosecutor’s comments during summation failed to preserve for our review the contention of defendant on appeal that those comments were improper and deprived him of a fair trial (People v Romero, 7 NY3d 911, 912 [2006] ). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Finally, the sentence is not unduly harsh or severe. Present—Hurlbutt, J.E, Fahey, Peradotto, Green and Pine, JJ.