People v. Olson

110 A.D.3d 1373, 974 N.Y.S.2d 608

This text of 110 A.D.3d 1373 (People v. Olson) 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. Olson, 110 A.D.3d 1373, 974 N.Y.S.2d 608 (N.Y. Ct. App. 2013).

Opinion

Spain, J.

In early 2011, two young girls (hereinafter victim A and victim B) who did not know one another separately disclosed to their mothers that defendant had subjected them to sexual contact when he lived with their respective families while in relationships with their mothers. Defendant was indicted and, at his jury trial, victim A testified that during the period of time in which defendant lived with her family, at various locations in Ulster County between January 2005 and August 2008 when she was between the ages of 9 and 12, defendant touched or rubbed her vaginal area over clothing 15 to 20 times for periods ranging from seconds to minutes. Victim B testified that between November 2008 and January 2009, when she was 10 years old, defendant touched her breasts and upper thigh and near her vaginal area. The victims testified that the abuse ended when defendant moved out and their mothers discontinued contact with him, and that they delayed disclosing the abuse because they were fearful of him for themselves and their moth[1374]*1374ers. Victim B disclosed the abuse to her mother in January 2011, and then to the police. This came after defendant had initiated contact with her mother concerning a post breakup child born to the mother, who believed defendant to be the father. When victim B’s mother thereafter made contact with victim A’s mother through a relative, victim A was questioned and disclosed the abuse. Defendant testified, admitting he lived with the victims’ families but denying all of the allegations of sexual contact. Defendant was convicted of course of sexual conduct against a child in the second degree as to victim A, sexual abuse in the first degree as to victim B, and two counts of endangering the welfare of a child, one count with respect to each victim. Sentenced to an aggregate prison term of 14 years, defendant now appeals. Finding no merit to his contentions, we affirm.

Defendant initially contends that the verdict is contrary to the weight of credible evidence, arguing that the victims’ accounts were not believable, were undermined by their delayed disclosure even after defendant discontinued contact with their mothers, and lacked physical corroborative evidence. While a different verdict would not have been unreasonable given that the verdict turned on credibility assessments between each victim and defendant, upon our independent review and weighing of the conflicting testimony in a neutral light and deferring to the jury’s determination to credit the victims’ accounts, we cannot agree that the jury failed to give the evidence its deserving weight; “the jury was justified in finding defendant guilty beyond a reasonable doubt” on all counts and their verdict was not against the weight of the credible evidence (People v Danielson, 9 NY3d 342, 348 [2007]; see People v Bleakley, 69 NY2d 490, 495 [1987]). Victim A, age 15 at trial, testified to specific instances — including locations (the garage and living room), the surrounding circumstances and regarding the first incident when she was alone watching television in the living room — in which defendant made sexual contact with her vagina through clothing when she was under the age of 13. She explained to the jury her reasons for delaying disclosure, even after her family moved out of state, until her mother directly asked her after speaking with victim B’s mother and telling her of victim B’s allegations, including her reasons for fearing defendant; her mother’s testimony established that raising the question even after the passage of time made her very upset. The fact that her disclosure of the extent and details of the abuse, which remained consistent, came about gradually over time through questioning did not undermine the believability of her account, particularly given her testimony that she was very shaken by the police questioning and continued to fear defendant.

[1375]*1375Victim B, age 13 at trial, testified that defendant made sexual contact with his hands on her breasts and upper thighs in her bedroom or while her mother was napping; she relayed specific episodes at various locations in the house or defendant’s van, such as when she was sick on the couch in the living room and on trips to specific stores in the van. She explained that she was scared of him because he had abused her and her mother, physically and verbally. The timing of her delayed disclosure is understandable, given defendant’s reappearance — after a lengthy absence since the last abuse — in her mother’s life following the birth of a child. Indeed, testimony of the male police investigator who interviewed victim B in February 2011 after that disclosure reflected that she was still very nervous and shaken by the abuse and had great difficulty discussing it or disclosing details until a female investigator was assigned. Her explanation that she did not initially disclose that defendant had touched her breasts or vagina because she was “ashamed of it” and “felt violated” was not, as defendant asserts, incredible. The expert testimony of a clinical psychologist offered by the People aided the jury’s understanding of the reasons that children delay disclosure, particularly when sexual abuse occurs in family settings. The jury rationally rejected claims that the victims (or their mothers), who did not know one another at the time of the disclosures, had fabricated their accounts of abuse by defendant (see People v Sorrell, 108 AD3d 787, 789-790 [2013]; People v Hayes, 104 AD3d 1050, 1054 [2013]).

Next, we perceive no error or abuse of discretion in County Court’s balanced Sandoval compromise (see People v Hayes, 97 NY2d 203, 208 [2002]; People v Grady, 40 AD3d 1368, 1370-1371 [2007], lv denied 9 NY3d 923 [2007]). The court permitted inquiry regarding defendant’s criminal contempt conviction, upon his guilty plea, for violating an order of protection following an arrest for assault in 2008, which satisfied that assault charge; the court precluded questions about the underlying facts or identity of the victim of those crimes,

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Bluebook (online)
110 A.D.3d 1373, 974 N.Y.S.2d 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-olson-nyappdiv-2013.