People v Parks
2019 NY Slip Op 00539 [168 AD3d 585]
January 24, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 6, 2019


[*1]
 The People of the State of New York, Respondent,
v
Lloyd Parks, Appellant.

Justine M. Luongo, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Patricia A. Williams, J.), rendered October 25, 2013, convicting defendant, after a nonjury trial, of two counts of sexual abuse in the first degree, and sentencing him to concurrent terms of two years, unanimously affirmed.

Defendant's legal sufficiency claim is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence supported the inference that defendant's conduct after he exerted forcible compulsion constituted "sexual contact" (Penal Law § 130.00 [3]). We have considered and rejected defendant's remaining arguments. Concur—Sweeny, J.P., Tom, Kahn, Oing, Singh, JJ.