People v Tamburrino

People v Tamburrino 2009 NY Slip Op 09870 [68 AD3d 1764] December 30, 2009 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent, v James T. Tamburrino, Appellant. (Appeal No. 1.)

—[*1] Irving Cohen, New York City, for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered June 6, 2006. The judgment convicted defendant, upon a jury verdict, of use of a child in a sexual performance, attempted use of a child in a sexual performance, possessing a sexual performance by a child and endangering the welfare of a child (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Smith, Fahey and Carni, JJ.