Opinion
570695/16
03-12-2021
The PEOPLE of the State of New York, Respondent, v. Gerald THOMAS, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Laurie Peterson, J.), rendered May 13, 2016, affirmed.
The verdict convicting defendant of attempted forcible touching ( see Penal Law §§ 110, 130.52[1] ) and sexual abuse in the third degree ( see Penal Law § 130.55 ) was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson , 9 NY3d 342, 348 [2007] ). There is no basis to disturb the court's credibility determinations in which it accepted the victim's account of the incident. Notably, the trial court, having seen and heard the witnesses, could assess their credibility and reliability in a manner that is far superior to that of this court, which must rely on the printed record ( see People v Lane, 7 NY3d 888, 890 [2006] ). The court rationally found that defendant's conduct, in which he pressed his penis against the victim's buttocks for several seconds, moving from left to right, was intentional touching for the purpose of sexual gratification, and not accidental or inadvertent contact resulting from his claimed poor eyesight ( see People v Lopez, 168 AD3d 418, 419 [2019], lv denied 33 NY3d 1033 [2019] ).
All concur.