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PEOPLE, res, v. HERBERT WILLIAMS, def-ap

10066. PEOPLE, res, v. HERBERT WILLIAMS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Noah J. Chamoy of counsel), for res — Judgment, Supreme Court, Bronx County (Judith Lieb, J.), rendered July 20, 2010, as amended August 2, 2010, convicting defendant, after a jury trial, of two counts of sexual abuse in the first degree, and sentencing him, as a second violent felony offender, to consecutive terms of seven years and five years, respectively, unanimously modified, on the law, to the extent of vacating the sex offender certification and remanding for further certification proceedings, and otherwise affirmed.

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10066. PEOPLE, res, v. HERBERT WILLIAMS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Noah J. Chamoy of counsel), for res — Judgment, Supreme Court, Bronx County (Judith Lieb, J.), rendered July 20, 2010, as amended August 2, 2010, convicting defendant, after a jury trial, of two counts of sexual abuse in the first degree, and sentencing him, as a second violent felony offender, to consecutive terms of seven years and five years, respectively, unanimously modified, on the law, to the extent of vacating the sex offender certification and remanding for further certification proceedings, and otherwise affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its rejection of defendant’s highly implausible defense of consent. The victim’s psychiatric background, which was fully explored before the jury, casts no doubt on whether the encounter was forcible.

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