People v. Barnard

—Appeal from a judgment of Niagara County Court (Broderick, Sr., J.), entered March 30, 2001, convicting defendant after a jury trial of use of a child in a sexual performance.

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

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of use of a child in a sexual performance (Penal Law former § 263.05). To the extent that defendant preserved for our review his contention that the conviction is not supported by legally sufficient evidence, we conclude that his contention…