| People v Robinson |
| 2017 NY Slip Op 03538 [150 AD3d 767] |
| May 3, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Larry Robinson, Appellant. |
Lynn W. L. Fahey, New York, NY (Anna Pervukhin of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Howard B.Goodman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.),rendered February 2, 2015, convicting him of endangering the welfare of a child and criminalcontempt in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court,Kings County, for further proceedings pursuant to CPL 460.50 (5).
The defendant was charged, inter alia, with course of sexual conduct against a child in thesecond degree, rape in the third degree (three counts), criminal sexual act in the third degree(three counts), sexual abuse in the third degree (three counts), and endangering the welfare of achild (two counts). The charges were based on allegations that he embarked on a course of sexualconduct with the complainant, his then-girlfriend's daughter, starting when she was eight yearsold. After a trial, the jury acquitted him of all of the sex-related charges, but convicted him of onecount of endangering the welfare of a child for the time period of November 1, 2009, to July 31,2010, and criminal contempt in the second degree related to the violation of an order ofprotection imposed against him in favor of the complainant.
The defendant's challenge to the legal sufficiency of the evidence supporting his convictionof endangering the welfare of a child is unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11 NY3d484 [2008]). In any event, viewing the evidence in the light most favorable to theprosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legallysufficient to establish the defendant's guilt of endangering the welfare of a child (Penal Law§ 260.10 [1]), beyond a reasonable doubt.
Moreover, in fulfilling our responsibility to conduct an independent review of the weight ofthe evidence (see CPL 470.15 [5]), we nevertheless accord great deference to theopportunity of the finder of fact to view the witnesses, hear testimony, and observe demeanor(see People v Mateo, 2 NY3d 383 [2004]; People v Bleakley, 69 NY2d 490, 495[1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt as to the countof endangering the welfare of a child for the period of November 1, 2009, to July 31, 2010, wasnot against the weight of the evidence (see [*2]People v Kuykendall, 43 AD3d493, 495 [2007]). "A person is guilty of endangering the welfare of a child when. . . [h]e or she knowingly acts in a manner likely to be injurious to the physical,mental or moral welfare of a child less than [17] years old" (Penal Law § 260.10[1]). The fact that the defendant was acquitted of the charges of course of sexual conduct againsta child in the second degree, rape in the third degree, criminal sexual act in the third degree, andsexual abuse in the third degree did not undermine the weight of the evidence supporting theverdict on the count of endangering the welfare of a child (see People v Virapen, 147 AD3d 981, 982 [2017]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Dillon, J.P., Balkin, Austin and Connolly, JJ., concur.