People v Klem
2009 NY Slip Op 02129 [60 AD3d 1378]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


The People of the State of New York, Respondent, v John Klem, Appellant.

—[*1] D.J. & J.A. Cirando, Esqs., Syracuse (Elizabeth DeV. Moeller of counsel), for defendant-appellant.

Susan H. Lindenmuth, District Attorney, Penn Yan, for respondent.

Appeal from a judgment of the Yates County Court (W. Patrick Falvey, J.), rendered October 24, 2006. The judgment convicted defendant, upon his plea of guilty, of possession of sexual performance by a child in the first degree.

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