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People v. Gerzof

Setting Aside Guilty Verdict Properly Denied as New Evidence Not Likely to Change Result

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DECISION & ORDER

*1Appeal from a judgment of the District Court of Nassau County, First District (Joy M. Watson, J.), rendered October 13, 2015. The judgment convicted defendant, after a nonjury trial, of forcible touching. PER CURIAMORDERED that the judgment of conviction is affirmed.Defendant was charged with forcible touching (Penal Law §130.52). At a nonjury trial, the complainant testified that she had been employed by a restaurant as a part-time bartender for approximately 17 years. Defendant was a part owner of the restaurant, and the complainant’s brother-in-law was the restaurant’s manager. At approximately 7:00 p.m. on Thursday, September 19, 2013, defendant grabbed the complainant’s buttocks and pushed his hips against her in the back of the restaurant, at a soda and iced tea machine. Defendant’s hands were on each side of her buttocks and hips. Moderate pressure was used, and there was some pushing. She had no further interaction with defendant that night and finished her shift. The complainant further testified that defendant had previously made sexual comments to her “throughout the years,” as well as asking her to date him or to get together. On September 6, 2013, defendant made a comment to the complainant regarding her private parts. On Friday, September 13, 2013, the complainant asked defendant for an extra shift. Defendant allegedly responded that he would agree, if she “put out.”The complainant worked at the restaurant on Friday, September 20, 2013. On September 21, 2013, the complainant told her boyfriend, a New York City police detective, what had happened on September 19th. On September 22, 2013, she reported the incident to the police. She did not report the incident earlier because she “wanted to speak about it with people who were close to” her. The

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