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THE PEOPLE, res, v. WILFREDO GONZALEZ, def-app

570237/12. THE PEOPLE, res, v. WILFREDO GONZALEZ, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (James M. Burke, J.), rendered January 23, 2012, affirmed.

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570237/12. THE PEOPLE, res, v. WILFREDO GONZALEZ, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (James M. Burke, J.), rendered January 23, 2012, affirmed.

The verdict convicting defendant of forcible touching (see Penal Law 130.52) and third degree sexual abuse (see Penal Law §130.55), was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342 [2007]). There is no basis for disturbing the jury’s determination concerning credibility. The credited testimony established that two plain-clothes police officers, after initially witnessing defendant engage in a pattern of “grinding” behavior directed against female subway riders, observed defendant furtively position himself behind the victim in a crowded subway car, bend his knees until his pelvis was even with the victim’s buttocks, and then thrust his groin against the victim, using the motion of the train to move back and forth. Defendant was arrested shortly after the incident, whereupon the officers noted that he had an erection and a wet stain on the groin area of his sweat pants.

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