People v Khammonivang
2009 NY Slip Op 09825 [68 AD3d 1731]
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 Vang Khammonivang, Appellant. (Appeal No. 2.)

—[*1] Timothy P. Donaher, Public Defender, Rochester (Matthew J. Clark of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered August 9, 2006. The judgment convicted defendant, upon his plea of guilty, of use of a child in a sexual performance and possessing a sexual performance by a child.

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

Same memorandum as in People v Khammonivang (68 AD3d 1727 [2009]). Present—Scudder, P.J., Fahey, Carni and Gorski, JJ.