People v Chess
2018 NY Slip Op 04226 [162 AD3d 1585]
June 8, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2018


[*1]
 The People of the State of New York, Respondent,
v
Michael T. Chess, Appellant. (Appeal No. 2.)

Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Daniel Gross of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered December 11, 2013. The judgment convicted defendant, upon a jury verdict, of rape in the first degree (two counts), menacing in the second degree and petit larceny (two counts).

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

Same memorandum as in People v Chess ([appeal No. 1] 162 AD3d 1577 [4th Dept 2018]). Present—Centra, J.P., Peradotto, Lindley, DeJoseph and Curran, JJ.