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Appellant Questions Evidence in Multiple Charges including Sexual Abuse, Criminal Possession of a Forged Instrument

People v. R

2018 Slip Op 04971

July 5, 2018

The defendant was convicted on June 10, 2015, of 2nd-degree assault, forcible touching, criminal possession of a forged instrument, resisting arrest, sexual abuse in the 3d degree and obstructing governmental administration in the 2nd degree. He was sentenced to 7 years imprisonment. The defendant appeals his conviction and requests modification of the forged instrument charge. The court dismissed those counts, otherwise, the case is confirmed.

The defendant contends that the assault count isn’t supported by enough evidence of any physical injury. The court said that because this issue isn’t preserved, and in the best interest of justice, the court declines to review it. This argument is rejected on its merits as an alternative holding. The court felt the verdict wasn’t considered against the weight of the evidence (People v. Danielson 9 NY3d 342, 348-349 [2007]. The court finds no basis for reviewing credibility determinations. There was enough evidence to indeed support a conclusion that the officer’s injuries were more than small slaps, kicks and shoves (Matter of Phillip 49 NY2d 198, 200 [1980]. They felt that based on the evidence these actions caused more than minor pain [People v. Chiddick 8 NY3d 445, 447 [2007]. The officer reported abrasions, lacerations, and contusions in various parts of his body that caused significant pain that lasted for more than a week.

The appellate court felt that the evidence submitted didn’t establish the element of knowledge required for criminal possession of a forged instrument. The metro cards were bent in a way that people often do to get unpaid rides. This qualifies as a forged instrument (People v McFarlana 63 AD3d 634 [1st Department 2009]. Under the totality of the circumstances, the defendant didn’t establish beyond a reasonable doubt that the defendant knew the cards were bent in that manner. The defendant’s innocent explanation is supported by the evidence. The defendant picked up the cards in hopes that there were remaining fares on them.

If you or a loved one has been charged with a criminal offense such as a sex crime, it is important to speak to a qualified lawyer as soon as possible. In New York, there is a wide range of offenses that constitute “sexual abuse.” In general, sexual abuse is defined as subjecting another person to sexual contact without their consent. This is set forth in Penal Code Section 130(3). Pursuant to this statute, this includes any type of touching that is sexual in nature or touching intimate parts of a person for the purposes of sexual gratification. Other related crimes can include forcible touching and persistent sexual abuse.

If you are found guilty of a sex offense, it could result in your requiring to register as a sex offender, affect your employment and housing, include jail time, fines, probation and negative social impact with family and friends. If you have been charged with a sex crime, speak to an experienced lawyer from Stephen Bilkis and Associates for guidance and a free consultation. They have locations throughout New York City and have offices in Nassau County, Suffolk County, and Westchester County. Call them today for a free consultation at 1-800-NYNYLAW.

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