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People v. Felix

Supreme Court of New York, First Department

October 29, 2013

The People of the State of New York, Dkt. Respondent,
v.
David Felix, Defendant-Appellant.

Steven Banks, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Robert Caliendo of counsel), for respondent.

Tom, J.P., Andrias, Saxe, Freedman, Richter, JJ.

Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered February 7, 2011, convicting defendant, after a nonjury trial, of attempted forcible touching, sexual abuse in the third degree, and harassment in the second degree, and sentencing him to an aggregate term of 90 days, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations, in which it accepted the victim's account of the incident.


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