| People v Acevedo-Lopez |
| 2021 NY Slip Op 06853 [200 AD3d 788] |
| December 8, 2021 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Luiz Acevedo-Lopez, Appellant. |
James D. Licata, New City, NY (Ellen O'Hara Woods of counsel), for appellant.
Thomas E. Walsh II, District Attorney, New City, NY (Jacob B. Sher of counsel; YehudaPoll on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (David S.Zuckerman, J.), rendered May 15, 2017, convicting him of predatory sexual assault against achild, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the firstdegree (two counts), and endangering the welfare of a child, upon a jury verdict, and sentencinghim to an indeterminate term of imprisonment of 22 years to life on the conviction of predatorysexual assault against a child and determinate terms of imprisonment of 22 years plus 20 years ofpostrelease supervision on the convictions of rape in the first degree and criminal sexual act inthe first degree, with those three sentences to run concurrently with each other, determinate termsof imprisonment of 7 years plus 10 years of postrelease supervision on each of the convictions ofsexual abuse in the first degree, with those sentences to run consecutively to each other and to thesentences imposed on the convictions of predatory sexual assault against a child, rape in the firstdegree, and criminal sexual act in the first degree, and a definite term of imprisonment of 1 yearon the conviction of endangering the welfare of a child, to run concurrently with the sentencesimposed upon the other convictions.
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, byreducing the sentence imposed on the conviction of predatory sexual assault against a child froman indeterminate term of imprisonment of 22 years to life to an indeterminate term ofimprisonment of 20 years to life, by reducing the sentences imposed on the convictions of rape inthe first degree and criminal sexual act in the first degree from determinate terms ofimprisonment of 22 years plus 20 years of postrelease supervision to determinate terms ofimprisonment of 20 years plus 20 years of postrelease supervision, and by providing that all theterms of imprisonment shall run concurrently with each other; as so modified, the judgment isaffirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish thedefendant's guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conductan independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342,348 [2007]), we nevertheless accord great deference to the jury's opportunity to view thewitnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383,410 [2004]). Upon reviewing the record here, we are satisfied that the verdict of guilt was notagainst the weight of the evidence (see[*2]People v Romero, 7 NY3d 633 [2006]).
Contrary to the defendant's contention, the County Court providently exercised its discretionin accepting the unsworn testimony of the then six-year-old complainant, as the recorddemonstrated that the complainant possessed "sufficient intelligence and capacity to justify thereception" of the unsworn testimony (CPL 60.20 [2]; see People v Lane, 160 AD3d 1363, 1364 [2018]; People v Schnoor, 95 AD3d 1144,1144-1145 [2012]). Moreover, the defendant's admissions and the complainant's unsworntestimony cross-corroborated each other (see People v Coleman, 42 NY2d 500, 506[1977]; People v Lane, 160 AD3d at 1364; People v Mendoza, 49 AD3d 559, 560 [2008]).
The sentence imposed was excessive to the extent indicated herein (see People vSuitte, 90 AD2d 80 [1982]). Chambers, J.P., Hinds-Radix, Miller and Connolly, JJ.,concur.