People v. Burke

—Appeal by the de*513fendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered August 25, 1999, convicting him of sodomy in the second degree (four counts), sodomy in the third degree (six counts), use of a child in a sexual performance (three counts), possessing a sexual performance by a child (six counts), and attempted use of a child in a sexual performance (three counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Tomei, J.), of that branch of the defendant’s omnibus motion which was to suppress physical…