People v Brown

People v Brown 2015 NY Slip Op 05254 Decided on June 18, 2015 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 June 18, 2015
Gonzalez, P.J., Tom, Friedman, Kapnick, JJ.
15463 58534/10

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

v

Eric Brown, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered October 18, 2010, convicting defendant, after a nonjury trial, of sexual abuse in the third degree, and sentencing him to a term of 90 days, unanimously affirmed.

The court properly exercised its discretion in admitting testimony that an officer saw defendant follow closely behind four women immediately prior to placing his groin on the victim's buttocks. This evidence was relevant to the contested issue of intent (see People v Alvino, 71 NY2d 233, 242 [1987]), and it tended to complete the narrative, explaining the events leading up to defendant's arrest (see People v Morris, 21 NY3d 588 [2013]). Moreover, the court expressly stated that, as factfinder in this nonjury trial, it would not draw any inference of propensity, and the court is deemed capable of keeping that promise (see People v Moreno, 70 NY2d 403 [1987]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 18, 2015

CLERK