Opinion
04-18-2017
The PEOPLE of the State of New York, Respondent, v. Ricky KORNEGAY, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.) rendered January 3, 2013, as amended February 21 and July 18, 2013, convicting defendant, after a jury trial, of stalking in the first and third degrees and forcible touching, and sentencing him to an aggregate term of two years, unanimously affirmed.
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see, People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The evidence established all the necessary elements, including the requisite course of conduct, which in this case included conduct not involving physical contact (see People v. Noka, 51 A.D.3d 468, 857 N.Y.S.2d 549 [1st Dept.2008], lv. denied 11 N.Y.3d 739, 864 N.Y.S.2d 398, 894 N.E.2d 662 [2008] ), and the People did not have to prove more than one act of forcible touching.
FRIEDMAN, J.P., RENWICK, MOSKOWITZ, FEINMAN, KAPNICK, JJ., concur.