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People v Womack (Marlon)
2009 NY Slip Op 52458(U) [25 Misc 3d 141(A)]
Decided on December 2, 2009
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 2, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : RIOS, J.P., PESCE and GOLIA, JJ
2007-1892 K CR.

The People of the State of New York, Respondent,

against

Marlon Womack, Appellant.


Appeal from a judgment of the Criminal Court of the City of New York, Kings County (William L. McGuire, Jr., J.), rendered October 19, 2007. The judgment convicted defendant, upon a jury verdict, of two counts of sexual abuse in the third degree, two counts of sexual abuse in the second degree, two counts of harassment in the second degree and two counts of endangering the welfare of a child.


ORDERED that the judgment of conviction is affirmed.

Contrary to defendant's contention, the evidence, when viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish defendant's guilt of two counts of sexual abuse in the third degree (Penal Law § 130.55), two counts of sexual abuse in the second degree (Penal Law § 130.60 [2]), two counts of harassment in the second degree (Penal Law § 240.26 [1]), and two counts of endangering the welfare of a child (Penal Law § 260.10 [1]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Accordingly, the judgment of conviction is affirmed.

Rios, J.P., Pesce and Golia, JJ., concur.
Decision Date: December 02, 2009