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Appellate Term, First Department: July 6, 2023

Decision & Orders released on:July 3, 2023

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By: Brigantti, J.P., Michael, James, JJ.

22-125. THE PEOPLE OF THE STATE OF NEW YORK, res v. WOOJIN CHO, def-app — Judgment of conviction (Audrey E. Stone, J.), rendered July 19, 2022, affirmed. Defendant was convicted, after a jury trial, of forcible touching (see Penal Law §130.52[1]), third-degree sexual abuse (see Penal Law §130.55) and second-degree harassment (see Penal Law §240.26[1]). The People’s proof was strong and persuasive, and is not now challenged by defendant on sufficiency or weight of the evidence grounds. Complainant credibly testified that during a consultation, defendant, a spinal surgeon, asked her if she wanted to be his “sugar baby;” removed her bra; kissed her on the neck; squeezed her breasts; inserted his fingers into her vagina, and placed her hand on his erect penis. The complainant’s account was corroborated by other evidence, including a controlled telephone call with police, wherein defendant told complainant she should be “discreet,” that he had many “sugar daughters,” and then giggled and replied “absolutely” when asked by the complainant if he enjoyed touching her.

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