Opinion
570475/02.
Decided October 27, 2003.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered December 14, 2001 after a nonjury trial (Robert M. Stolz, J.) convicting him of sexual abuse in the second degree (Penal Law § 130.60), endangering the welfare of a child (Penal Law § 260.10), and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction rendered December 14, 2001 (Robert M. Stolz, J.) affirmed.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
Defendant's conviction on the sexual abuse and endangerment counts was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the factfinder's determinations concerning credibility. The infant complainant's account of the unwanted touching shown to have occurred in the darkened movie theater was believable, and supported an inference that defendant intended to obtain sexual gratification ( see, Penal Law § 130.00; Matter of Xheenan N., 273 AD2d 50) and knowingly acted in a manner likely to be injurious to the child's mental welfare ( see, Penal Law § 260.10; People v. Thomas, 267 AD2d 949; lv denied 95 NY2d 805). Defendant's challenge to the sufficiency of the evidence underlying his conviction of second-degree harassment is unpreserved for review ( see, People v. Gray, 86 NY2d 10) and, in any event, is without merit. Upon an independent review of the facts supporting that conviction, we are satisfied that the verdict was not against the weight of the evidence.
This constitutes the decision and order of the court.