Opinion
14567, 4720/12
03-19-2015
Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered May 23, 2013, as amended, July 15, 2013, convicting defendant, after a jury trial, of persistent sexual abuse, and sentencing him, as a predicate felony sex offender previously convicted of a violent felony, to a term of four years, unanimously affirmed.
The prosecution's summation comments about the absence of medical records provide no basis for reversal. The court thoroughly instructed the jury that a defendant has no burden of proof. The jury is presumed to have followed the court's instructions.
MAZZARELLI, J.P., DeGRASSE, RICHTER, FEINMAN, JJ., concur.