People v. Kornegay

Appellate Division of the Supreme Court of New York

People v. Kornegay

2017 NY Slip Op 2943, 149 A.D.3d 552, 50 N.Y.S.3d 268

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 2017

Docket3759 2332/12

StatusPublished

This text of 2017 NY Slip Op 2943 (People v. Kornegay) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kornegay, 2017 NY Slip Op 2943, 149 A.D.3d 552, 50 N.Y.S.3d 268 (N.Y. Ct. App. 2017).

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Opinion

Judgment, Supreme Court, New York County (Juan M. Merchan, J.) rendered January 3, 2013, as amended February 21 and July 18, 2013, convicting defendant, after a jury trial, of stalking in the first and third degrees and forcible touching, and sentencing him to an aggregate term of two years, unanimously affirmed.

The verdict was supported by legally sufficient evidence and 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. The evidence established all the necessary elements, including the requisite course of conduct, which in this case included conduct not involving physical contact (see People v Noka, 51 AD3d 468 [1st Dept 2008], lv denied 11 NY3d 739 [2008]), and the People did not have to prove more than one act of forcible touching.

Concur — Friedman, J.P., Renwick, Moskowitz, Feinman and Kapnick, JJ.

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Judgment, Supreme Court, New York County (Juan M. Merchan, J.) rendered January 3, 2013, as amended February 21 and July 18, 2013, convicting defendant, after a jury trial, of stalking in the first and third degrees and forcible touching, and sentencing him to an aggregate term of two years, unanimously affirmed.

The verdict was supported by legally sufficient evidence and 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. The evidence established all the necessary elements, including the requisite course of conduct, which in this case included conduct not involving physical contact (see People v Noka, 51 AD3d 468 [1st Dept 2008], lv denied 11 NY3d 739 [2008]), and the People did not have to prove more than one act of forcible touching.

Concur — Friedman, J.P., Renwick, Moskowitz, Feinman and Kapnick, JJ.

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Bluebook (online)

2017 NY Slip Op 2943, 149 A.D.3d 552, 50 N.Y.S.3d 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kornegay-nyappdiv-2017.

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