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People v. Grant

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 21, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
WILLARD GRANT, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered August 3, 2006, as amended October 19, 2006, convicting defendant, after a jury trial, of attempted rape in the first degree, sexual abuse in the first degree and stalking in the third degree, and sentencing him to an aggregate term of 4 years, unanimously affirmed.

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.

McGuire, J.P., Acosta, DeGrasse, Richter, Abdus-Salaam, JJ.

871/06

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The victim's testimony was plausible, and her testimony that the sexual assault stopped when defendant believed she had been injured strongly supports the inference that she was not vindictively fabricating serious criminal charges. Although the sexual assault itself was not corroborated, we note that other portions of the victim's account were corroborated by other evidence.

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

20090521

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