People v. Moore
Docket 108 KA 23-01687
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02509
- Docket
- 108 KA 23-01687
Appeal from a judgment of conviction after a jury verdict in Supreme Court, Monroe County
Summary
The Appellate Division, Fourth Department, unanimously affirmed defendant James A. Moore’s conviction following a jury trial. Moore was convicted of three counts of first-degree sexual abuse and one count of second-degree escape. The court issued a brief order affirming the underlying Supreme Court, Monroe County judgment, adopting the same memorandum opinion issued in the companion appeal listed as Appeal No. 1. No change to the convictions or sentence was made by this decision.
Issues Decided
- Whether the convictions for first-degree sexual abuse and second-degree escape should be reversed or otherwise disturbed on appeal
- Whether any legal or trial errors identified by the defendant warranted reversal or a new trial
Court's Reasoning
The appellate court affirmed because it found no reversible error in the trial court's proceedings as explained in the companion memorandum for Appeal No. 1. The court relied on the analysis and conclusions set out in that memorandum, concluding that the trial record supported the convictions and that any claimed errors did not require reversal. No part of the judgment was disturbed.
Authorities Cited
- People v Moore (companion appeal memorandum)
Parties
- Respondent
- The People of the State of New York
- Appellant
- James A. Moore
- Attorney
- Julie Cianca, Public Defender (Guy A. Talia of counsel)
- Attorney
- Brian P. Green, District Attorney (Bridget Field of counsel)
- Judge
- James E. Walsh, Jr.
Key Dates
- Decision date
- 2026-04-24
- Judgment rendered
- 2022-06-03
What You Should Do Next
- 1
Consider seeking leave to the Court of Appeals
If the defendant wishes to continue appellate review, counsel should prepare and file a leave application with the New York Court of Appeals within the applicable time limits.
- 2
Review sentencing and enforcement
Defense counsel should confirm the status of sentence execution and any postconviction relief options, such as collateral challenges, if appropriate.
- 3
Consult counsel about collateral remedies
If leave is denied or further appeal is not pursued, the defendant should consult counsel about habeas corpus or other postconviction avenues and their potential timetables.
Frequently Asked Questions
- What did the court decide?
- The Appellate Division affirmed the conviction; the trial court's judgment finding Moore guilty was left intact.
- Who is affected by this decision?
- Defendant James A. Moore is affected because his convictions and sentence remain in place; the People’s convictions are upheld.
- What happens next for the defendant?
- Unless the defendant pursues further review (for example, a leave application to the Court of Appeals), the affirmed judgment remains final and enforceable.
- Can this decision be appealed further?
- The defendant can seek leave to appeal to the New York Court of Appeals, but leave is discretionary and not guaranteed.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Moore - 2026 NY Slip Op 02509 People v Moore 2026 NY Slip Op 02509 April 24, 2026 Appellate Division, Fourth Department THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v JAMES A. MOORE, DEFENDANT-APPELLANT. (APPEAL NO. 2.) Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 108 KA 23-01687 Present: Bannister, J.P., Montour, Smith, Nowak, And Delconte, JJ. JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (GUY A. TALIA OF COUNSEL), FOR DEFENDANT-APPELLANT. BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (BRIDGET FIELD OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Supreme Court, Monroe County (James E. Walsh, Jr., J.), rendered June 3, 2022. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree (three counts) and escape in the second degree. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Same memorandum as in People v Moore ([appeal No. 1] — AD3d — [Apr. 24, 2026] [4th Dept 2026]). Entered: April 24, 2026 Ann Dillon Flynn