Opinion
No. 570788/12.
2013-02-21
The PEOPLE of the State of New York, Respondent, v. Vernon GOWDY, Defendant–Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered June 26, 2012, after a jury trial, convicting him of forcible touching and exposure of a person, and imposing sentence.
Present: SHULMAN, J.P., HUNTER, JR., TORRES, JJ.
PER CURIAM.
Judgment of conviction (Anthony J. Ferrara, J.), rendered June 26, 2012, affirmed.
Defendant's convictions were supported by legally sufficient evidence and were not against the weight of the evidence. The jury, as properly charged ( see CJI 2d [NY] Penal Law § 130.52; People v. Bartlett, 89 AD3d 1453 [2011],lv. denied18 NY3d 881 [2012] ), was warranted in finding that the illicit touching shown to have occurred—including defendant's conduct in reaching under the victim's clothing and rubbing his hand “up and down the split of her buttocks”—was “forcible” within the meaning of the forcible touching statute ( seePenal Law § 130.52). We find unavailing defendant's contention that his touching of the complainant was somehow less forcible than the “squeezing, grabbing or pinching” listed by way of example as proscribed acts under the statute ( see People v. Pardew, 20 Misc.3d 129[A], 2008 N.Y. Slip Op 51383 [U][App Term, 1st Dept 2008], lv denied11 NY3d 792 [2008] ). Similarly unpersuasive is defendant's challenge to the People's proof bearing on the “public place” element of the exposure of a person offense ( seePenal Law § 245.01). The office cubicle in which defendant chose to expose himself was shown to be open and visible to the entrance area of an office to which some 49 Parks Department employees had daily access, and thus was properly found by the jury to constitute a “public place” under Penal Law § 245.01 ( see and compare People v. McNamara, 78 N.Y.2d 626 [1991] [involving parked car]; cf. People v. Pangburn, 298 A.D.2d 989 [2002],lv. denied99 N.Y.2d 618 [2003][involving private homes] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.