People v Felix

People v Felix 2013 NY Slip Op 06975 Decided on October 29, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 29, 2013
Tom, J.P., Andrias, Saxe, Freedman, Richter, JJ.
10882 54832/09

[*1]The People of the State of New York, Dkt. Respondent,

v

David Felix, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Laura
Lieberman Cohen of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Robert Caliendo of
counsel), for respondent.

Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered February 7, 2011, convicting defendant, after a nonjury trial, of attempted forcible touching, sexual abuse in the third degree, and harassment in the second degree, and sentencing him to an aggregate term of 90 days, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). There is no basis for disturbing the
court's credibility determinations, in which it accepted the victim's account of the incident.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 29, 2013

CLERK