People v Ben-Israel (Lamech)

[*1] People v Ben-Israel (Lamech) 2014 NY Slip Op 51883(U) Decided on December 31, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 31, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
570541/11

The People of the State of New York, Respondent,

against

Lamech Ben-Israel, Defendant-Appellant

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Rita M. Mella, J.), rendered May 19, 2011, after a nonjury trial, convicting him of sexual abuse in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Rita M. Mella, J.), rendered May 19, 2011, affirmed.

Defendant's conviction of third-degree sexual abuse (see Penal Law § 130.55) was supported by legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's determinations concerning credibility. Contrary to defendant's contention, the victim's credited account of the subway incident, together with the eyewitness police testimony, were neither "inconclusive" nor implausible.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: December 31, 2014