People v. JohnsonPeople v. Johnson
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, predatory sexual assault against a child (
We reject defendant‘s contention that the court abused its discretion in admitting in evidence the testimony of the People‘s expert on child sexual abuse accommodation syndrome (CSAAS). It is well settled that expert testimony concerning CSAAS “is admissible to explain the behavior of child sex abuse victims as long as it is general in nature and does not constitute an opinion that a particular alleged victim is credible or that the charged crimes in fact occurred” (People v Drake, 138 AD3d 1396, 1398 [4th Dept 2016], lv denied 28 NY3d 929 [2016]; see People v Diaz, 20 NY3d 569, 575-576 [2013]; People v Williams, 20 NY3d 579, 583-584 [2013]). Here, the People‘s expert, who had never interviewed anyone involved in the case and was not aware of the facts of the case, gave testimony in general terms and did not exceed permissible bounds (see Diaz, 20 NY3d at 575-576; People v Spicola, 16 NY3d 441, 458, 466 [2011], cert denied 565 US 942 [2011]; People v Young, 206 AD3d 1631, 1632 [4th Dept 2022]).
Defendant next contends that the court erred in admitting in evidence three photographs showing parts of his residence that were dirty and in need of repair, contending that the condition of his residence was a collateral issue intended only to impeach his credibility. We reject that contention inasmuch as the conditions depicted in the photographs were relevant “to some issue in the case other than credibility” (People v Schwartzman, 24 NY2d 241, 245 [1969], cert denied 396 US 846 [1969]). The victim and one of her sisters testified that defendant and his wife kept the refrigerator locked and secured other food and snacks in their bedroom and that sometimes there was not enough heat or hot water in the home. Two photographs that depicted defendant‘s bedroom in disarray showed two refrigerators, a microwave, bottled water, and snacks, and another photograph showed the basement with a heater in apparent disrepair. The photographs were relevant to establish defendant‘s control over the victim by controlling her food intake and comforts and to help explain her delayed disclosure (see generally People v Ortiz, 135 AD3d 649, 650 [1st Dept 2016], lv denied 27 NY3d 1004 [2016]). We perceive no abuse of discretion by the court in admitting the photographs in evidence (see People v Carrino, 164 AD3d 695, 696 [2d Dept 2018], lv denied 32 NY3d 1109 [2018]; see also People v Wright, 107 AD3d 1398, 1400 [4th Dept 2013], lv denied 23 NY3d 1026 [2014]).
Defendant‘s contention that the conviction of predatory sexual assault against a child is not based on legally sufficient evidence is preserved only in part because, in moving for a trial order of dismissal, defendant raised only some of the specific grounds raised on appeal (see People v Gray, 86 NY2d 10, 19 [1995]; People v Parilla, 214 AD3d 1399, 1402 [4th Dept 2023]). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence provides a “valid line of reasoning and permissible inferences” that could lead a rational person to conclude, beyond a reasonable doubt (People v Delamota, 18 NY3d 107, 113 [2011]), that defendant committed the offense of predatory sexual assault against a child. Any inconsistencies presented by the victim‘s testimony regarding the dates when the abuse occurred merely presented credibility issues for the jury (see People v Furlong, 4 AD3d 839, 841 [4th Dept 2004], lv denied 2 NY3d 739 [2004]). We further conclude that, viewing the evidence in light of the elements of all the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).
Defendant contends that the People‘s statement of readiness was illusory, because the People had not disclosed the contents of the personnel record for each law enforcement official that the People intended to call as a trial witness, and the court should have granted his motion seeking to vacate the statement of readiness. We reject that contention.
Contrary to defendant‘s contention, the court did not abuse its discretion in denying his
The sentence is not unduly harsh or severe. We have considered defendant‘s remaining contentions and conclude that none warrants reversal or modification of the judgment.
Entered: July 28, 2023
Ann Dillon Flynn
Clerk of the Court