People v Barreto-Mejia

People v Barreto-Mejia 2012 NY Slip Op 08757 Decided on December 19, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 19, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
DANIEL D. ANGIOLILLO
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
2010-04487

[*1]The People of the State of New York, respondent,

v

Jose Luis Barreto-Mejia, appellant. (Ind No. 08-01227)




Pappalardo & Pappalardo, LLP, Scarsdale, N.Y. (John P. Devaney
and Jill K. Sanders of counsel), for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I.
Wagner, Steven A. Bender, and
Richard Longworth Hecht of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Neary, J.), rendered April 21, 2010, convicting him of course of sexual conduct against a child in the first degree (two counts) and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contentions, the trial court properly determined that the then-10 year-old complainant was a vulnerable child witness within the meaning of CPL 65.20 based upon the testimony and evidence presented at the hearing, which collectively established, by clear and convincing evidence, several of the 12 factors cited in CPL 65.20(10) (see CPL 65.20[10]; People v Cintron, 75 NY2d 249, 267; People v Ramos, 203 AD2d 599; People v Lindstadt, 174 AD2d 696, 697; People v Guce, 164 AD2d 946, 947). Accordingly, that complainant was properly permitted to testify via two-way closed-circuit television, and the defendant's constitutional right to confrontation was not violated.

The defendant's remaining contentions are without merit.
ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court