People v Ellis
2018 NY Slip Op 08847 [167 AD3d 1565]
December 21, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 30, 2019


[*1]
 The People of the State of New York, Respondent,
v
Ronney L. Ellis, Appellant.

Timothy P. Donaher, Public Defender, Rochester, Trevett Cristo P.C. (Eric M. Dolan of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Joseph Plukas of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered December 22, 2010. The judgment convicted defendant, upon a jury verdict, of predatory sexual assault against a child (two counts) and sexual abuse in the first degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, two counts of predatory sexual assault against a child (Penal Law § 130.96). Contrary to defendant's contention, his sentence is not unduly harsh or severe. Defendant failed to preserve his remaining contentions for our review (see CPL 470.05 [2]), and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Present—Whalen, P.J., Smith, Centra, Carni and Troutman, JJ.