People v Khattak (Rehmat)

[*1] People v Khattak (Rehmat) 2018 NY Slip Op 51667(U) Decided on November 26, 2018 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 26, 2018
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, P.J., Ling-Cohan, Gonzalez, JJ.
570019/17

The People of the State of New York, Respondent,

against

Rehmat Khattak, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ann E. Scherzer, J.), rendered December 21, 2016, after a nonjury trial, convicting him of attempted forcible touching and sexual abuse in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Ann E. Scherzer, J.) rendered December 21, 2016, affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]), which included the testimony of the victim and two plainclothes police officers who witnessed the underlying subway incident. There is no basis for disturbing the trial court's determinations concerning credibility, including its evaluation of the victim's testimony and minor inconsistencies in the testimony of the officers.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 26, 2018