| People v Cano |
| 2008 NY Slip Op 06717 [54 AD3d 684] |
| September 2, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JesusCano, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen (Andrew R. Kass of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.),rendered January 29, 2007, convicting him of attempted use of a child in a sexual performance,attempted promoting a sexual performance by a child, attempted criminal sexual act in the thirddegree, and endangering the welfare of a child (two counts), after a nonjury trial, and imposingsentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guiltbeyond a reasonable doubt (see Penal Law §§ 110.00, 263.05, 263.15,130.40 [2]; § 260.10 [1]; People v Mahboubian, 74 NY2d 174 [1989]; People vBracey, 41 NY2d 296 [1977]). Moreover, upon the exercise of our factual review power(see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weightof the evidence (see People v Romero,7 NY3d 633 [2006]). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.