People v Foss
2011 NY Slip Op 00945 [81 AD3d 1375]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


The People of the State of New York, Respondent,
v
Colby Foss, III, Appellant.

—[*1] David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), for defendant-appellant.

Colby Foss, III, defendant-appellant pro se.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered June 1, 2005. The judgment convicted defendant, upon a jury verdict, of criminal sexual act in the first degree (three counts) and endangering the welfare of a child.

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

All concur except Pine, J., who is not participating. Present—Scudder, P.J., Smith, Green, Pine and Gorski, JJ.