People v. Evans

Opinion

People v Evans

2026 NY Slip Op 04692

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

DAVID E. EVANS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

527 KA 25-00876

Present: Whalen, P.J., Curran, Ogden, Greenwood, And Hannah, JJ.

ANDREW D. CORREIA, PUBLIC DEFENDER, LYONS (PAUL SKIP LAISURE OF COUNSEL), FOR DEFENDANT-APPELLANT.

CHRISTINE K. CALLANAN, DISTRICT ATTORNEY, LYONS (CATHERINE A. MENKOWITZ OF COUNSEL), FOR RESPONDENT.

Appeal from a resentence of the Wayne County Court (Richard M. Healy, J.), rendered July 24, 2024. Defendant was resentenced upon a conviction of predatory sexual assault against a child (two counts) and attempted rape in the first degree.

[*1]

It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.

Same memorandum as in People v Evans ([appeal No. 1] — AD3d — [July 24, 2026] [4th Dept 2026]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court