Opinion
8207 Ind. 633/11
01-24-2019
The PEOPLE of the State of New York, Respondent, v. Lloyd PARKS, Defendant–Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.
Sweeny, J.P., Tom, Kahn, Oing, Singh, JJ.
Judgment, Supreme Court, Bronx County (Patricia A. Williams, J.), rendered October 25, 2013, convicting defendant, after a nonjury trial, of two counts of sexual abuse in the first degree, and sentencing him to concurrent terms of two years, unanimously affirmed.
Defendant's legal sufficiency claim is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict 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] ). The evidence supported the inference that defendant's conduct after he exerted forcible compulsion constituted "sexual contact" ( Penal Law 130.00[3] ). We have considered and rejected defendant's remaining arguments.