Opinion
No. 571009/15
10-16-2023
The People of the State of New York, Respondent, v. Stephen Yeboah, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (John Wilson, J.), rendered October 3, 2013, convicting him, after a nonjury trial, of attempted forcible touching, attempted unlawful imprisonment in the second degree and harassment in the second degree, and imposing sentence.
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
PER CURIAM
Judgment of conviction (John Wilson, J.), rendered October 3, 2013, affirmed.
Defendant's present challenge to the legal sufficiency of the evidence supporting his conviction for attempted forcible touching (see Penal Law §§ 110.00, 130.52[1]), attempted unlawful imprisonment in the second degree (see Penal Law §§ 110.00, 135.05), and harassment in the second degree (see Penal Law § 240.26[1]), is unpreserved, since defendant's motion to dismiss at the close of the People's case "was not specifically directed at the alleged insufficiency that he now raises on appeal" (People v Danielson, 40 A.D.3d 174, 176 [2007], affd 9 N.Y.3d 342 [2007]), and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d at 348-349). There is no basis for disturbing the court's determinations concerning credibility. The evidence, along with reasonable inferences that could be drawn therefrom, established the elements of the offenses at issue, including defendant's "application of some level of pressure to the victim's sexual or intimate parts" (People v Guaman, 22 N.Y.3d 678, 683-684 [2014]) and his attempt to restrain the victim in his vehicle after the incident (see Penal Law §§ 110.00, 135.00[1]; see also Matter of David H., 69 N.Y.2d 792, 793 [1987]; People v Irby, 140 A.D.3d 1319 [2016], lv denied 28 N.Y.3d 931 [2016]); Matter of Marlon B., 51 A.D.3d 436 [2008]).