Opinion

People v. Brown

  • 129 A.D.3d 545
  • 10 N.Y.S.3d 433
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jun 18, 2015
Status
Published
On the bench
Friedman, Gonzalez, Kapnick, Tom
Cited by
1 cases
Authority
More cited than 51.1%

The opinion

Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered October 18, 2010, convicting defendant, after a nonjury trial, of sexual abuse in the third degree, and sentencing him to a term of 90 days, unanimously affirmed.

The court properly exercised its discretion in admitting testimony that an officer saw defendant follow closely behind four women immediately prior to placing his groin on the victim’s buttocks. This evidence was relevant to the contested issue of intent (see People v Alvino, 71 NY2d 233, 242 [1987]), and it tended to complete the narrative, explaining the events leading up to defendant’s arrest (see People v Morris, 21 NY3d 588 [2013]). Moreover, the court expressly stated that, as fact-finder in this nonjury trial, it would not draw any inference of propensity, and the court is deemed capable of keeping that promise (see People v Moreno, 70 NY2d 403 [1987]).

Concur— Gonzalez, P.J., Tom, Friedman and Kapnick, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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