Opinion
818 KA 18-01993
11-19-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY C. WILLIAMS, DEFENDANT-APPELLANT.
AMDURSKY, PELKY, FENNELL & WALLEN, P.C., OSWEGO (COURTNEY S. RADICK OF COUNSEL), FOR DEFENDANT-APPELLANT. GREGORY S. OAKES, DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK OF COUNSEL), FOR RESPONDENT.
AMDURSKY, PELKY, FENNELL & WALLEN, P.C., OSWEGO (COURTNEY S. RADICK OF COUNSEL), FOR DEFENDANT-APPELLANT.
GREGORY S. OAKES, DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
Appeal from a judgment of the Supreme Court, Oswego County (James W. McCarthy, J.), rendered September 13, 2018. The judgment convicted defendant upon a jury verdict of criminal sexual act in the first degree, attempted rape in the third degree, rape in the third degree and endangering the welfare of a child.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, criminal sexual act in the first degree (Penal Law § 130.50 [2]). We affirm.
Weight of the evidence review "involves a 'two-step approach' wherein a [reviewing] court must (1) 'determine whether, based on all the credible evidence, an acquittal would not have been unreasonable'; and[, if yes, ] (2) 'weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony'" (People v Sanchez, 32 N.Y.3d 1021, 1023 [2018]; see People v Delamota, 18 N.Y.3d 107, 116-117 [2011]). We thus reject defendant's contention that a guilty verdict is automatically against the weight of the evidence whenever an acquittal would not have been unreasonable (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]; People v Bleakley, 69 N.Y.2d 490, 495 [1987]). We also reject defendant's ineffective assistance of counsel claim (see People v Tetro, 181 A.D.3d 1286, 1288 [4th Dept 2020], lv denied 35 N.Y.3d 1070 [2020]; People v Vincenty, 138 A.D.3d 428, 428-429 [1st Dept 2016], lv denied 27 N.Y.3d 1156 [2016]; People v Martinez, 35 A.D.3d 156, 157 [1st Dept 2006], lv denied 8 N.Y.3d 924 [2007]). The sentence is not unduly
harsh or severe. Defendant's remaining contentions are unpreserved.
Clerk of the Court