PEOPLE v. IRIZARRY

37, 1452/12

135 A.D.3d 641 (2016)

23 N.Y.S.3d 240

2016 NY Slip Op 00583

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS IRIZARRY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2016.


The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). We find no basis to disturb the jury's credibility findings. The victim's upset demeanor and prompt report to his father after defendant's attack supported the veracity of his trial testimony.

Defendant did not preserve his argument that by reading to the jury the complete definition of sexual contact (Penal Law...

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