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THE PEOPLE, res, v. MOHAMMED NAZIM, def-app

16-286. THE PEOPLE, res, v. MOHAMMED NAZIM, def-app — Judgment of conviction (Steven M. Statsinger, J.), rendered October 16, 2015, affirmed.

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16-286. THE PEOPLE, res, v. MOHAMMED NAZIM, def-app — Judgment of conviction (Steven M. Statsinger, J.), rendered October 16, 2015, affirmed.

The verdict convicting defendant of third degree sexual abuse (see Penal Law §130.55), forcible touching (see Penal Law §130.52) and endangering the welfare of a child (see Penal Law §260.10[1]) 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 court’s determination concerning credibility. The evidence, including the credited testimony of the fourteen-year old victim and the store surveillance video, established that, while the victim was waiting in the checkout line, defendant, an employee of the store, “grabbed” and “squeezed” her right buttock so hard that she could feel his fingers; that defendant positioned himself so close to the victim that she could “feel the warmth of [his] breath on her neck,” and that when she turned around to confront defendant, she “bumped into his chest.” The court could rationally infer that defendant’s conduct was for the purpose of sexual gratification (see People v. Williams, 94 AD3d 1555 [2012]) and was not inadvertent (see People v. Hernandez, 36 Misc 3d 145[A], 2012 NY Slip Op 51620[U] [App Term, 1st Dept 2012], lv denied 20 NY3d 933 [2012]; People v. Jackson, 32 Misc 3d 132[A], 2011 NY Slip Op 51336[U] [App Term, 1st Dept 2011], lv denied 17 NY3d 953 [2011]).

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