People v. Downing

• Decision Date: 13 February 2014
• Citation: 980 N.Y.S.2d 271,114 A.D.3d 805,2014 N.Y. Slip Op. 01015
• Parties: The PEOPLE, etc., respondent, v. Sequan DOWNING, also known as Naquan Downing, appellant.
• Court: New York Supreme Court — Appellate Division

114 A.D.3d 805

980 N.Y.S.2d 271

2014 N.Y. Slip Op. 01015

The PEOPLE, etc., respondent,

v.Sequan DOWNING, also known as Naquan Downing, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 13, 2014.

Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Arieh Schulman of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered November 17, 2011, convicting him of attempted rape in the first degree, sexual abuse in the first degree, and robbery in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence supporting his conviction of attempted rape in the first degree is unpreserved for appellate review ( see CPL 470.05[2]; People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946). In any event, viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of attempted rape in the first degree beyond a reasonable doubt ( see People v. Clyde, 18 N.Y.3d 145, 938 N.Y.S.2d 243, 961 N.E.2d 634;People v. Pereau, 64 N.Y.2d 1055, 489 N.Y.S.2d 872, 479 N.E.2d 217;People v. Jackson, 11 A.D.3d 369, 784 N.Y.S.2d 35;People v. Urbina, 248 A.D.2d 123, 669 N.Y.S.2d 804). Moreover, upon our independent review of the weight of the evidence ( see CPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1), we are satisfied that the verdict of guilt as to that crime was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).

MASTRO, J.P., COHEN, MILLER and HINDS–RADIX, JJ., concur.