People v. Ahmemulic , 154 A.D.3d 406 ( 2017 )

People v Ahmemulic (2017 NY Slip Op 06883)

People v Ahmemulic

2017 NY Slip Op 06883

Decided on October 3, 2017

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 3, 2017
Sweeny, J.P., Moskowitz, Kahn, Gesmer, JJ.

4543 4810/11

[*1]The People of the State of New York, Respondent,

v

Nevzet Ahmemulic, Defendant-Appellant.

Rosemary Herbert, Office of the Appellate Defender, New York (Stephen R. Strother of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Christine DiDomenico of counsel), for respondent.

Judgment, Supreme Court, New York County (Cassandra M. Mullen, J.), rendered May 15, 2012, convicting defendant, after a jury trial, of forcible touching, and sentencing him to a term of six years' probation, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations, including its evaluation of alleged inconsistencies in testimony and motives to falsify.

Defendant's challenge to the jury charge on the ground of duplicitousness is unpreserved (see People v Becoats, 17 NY3d 643, 650-651 [2011], cert denied 566 US 964 [2012], and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 3, 2017

CLERK