X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Curtis Farber, J.), rendered December 1, 2017, after a jury trial, convicting him of forcible touching, and imposing sentence. Per Curiam Judgment of conviction (Curtis Farber, J.), rendered December 1, 2017, affirmed. The verdict convicting defendant of forcible touching (see Penal Law §130.52[1]) was supported by legally sufficient evidence and 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. The victim’s testimony, as corroborated by two plainclothes police officers who witnessed the incident, established that defendant positioned himself directly behind the victim on a subway train and then repeatedly pressed his groin into her buttocks, moving from side to side. When the victim attempted to step away from defendant, he repositioned himself so that he could continue to press his groin against her buttocks. The jury could rationally infer that defendant’s conduct was for the purpose of sexual gratification as defined by Penal Law §130.00(3) (see People v. Wagner, 72 AD3d 1196, 1197 [2010], lv denied 15 NY3d 779 [2010]) and was not inadvertent (see People v. Kader, 62 Misc 3d 143[A], 2019 NY Slip Op 50110[U] [App Term, 1st Dept 2019], lv denied 33 NY3d 950 [2019]; People v. Nazim, 55 Misc 3d 129[A], 2017 NY Slip Op 50379[U][App Term, 1st Dept 2017], lv denied 29 NY3d 1084 [2017]). Most of defendant’s challenges to the prosecutor’s summation were unpreserved, whether by virtue of defendant’s failure to object, his generalized objections, or his failure to request further relief after the court took curative action, and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal. The bulk of the challenged remarks were either fair responses to defense counsel’s arguments on summation or fair comment on the evidence, and any isolated improprieties were not so egregious as to deprive defendant of a fair trial (see People v. Garland, 155 AD3d 527, 529 [2017], affd 32 NY3d 1094 [2018], cert denied ___ US ___, 140 S Ct 2525 [2020]; People v. Feola, 154 AD3d 638, 639 [2017], lv denied 31 NY3d 1013 [2018]), particularly when viewed in light of the overwhelming evidence of guilt (see People v. Crimmins, 36 NY2d 230 [1975]; People v. Crum, 184 AD3d 454 [2020], lv denied 35 NY3d 1065 [2020]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›