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People v. Lewis
5 A.D.3d 1073
N.Y. App. Div.
2004
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Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered December 13, 2001. The judgment convicted defendant, after a nonjury trial, of sexual abuse in the first degree and endangering the welfare of a child.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of sexual abuse in the first degree (Penal Law § 130.65 [3]) and endangering the welfare of a child (§ 260.10 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). “The credibility determinations of [Supreme] Court are entitled to great deference . . ., and there is no basis to conclude that the court failed to give the evidence the weight that it should be accorded” (People v Scott, 289 AD2d 974, 975 [2001], lv denied 97 NY2d 733, 735 [2002]). We reject the further contention of defendant that, in acquitting him of sodomy in the first degree (Penal Law former § 130.50 [3]), the court necessarily found that the eight-year-old victim was not worthy of belief and thus that the verdict is repugnant. “A verdict on a multiple count indictment is repugnant when a defendant is acquitted on one count which is conclusive as to a necessary element of another crime of which he is convicted, thus negating a necessary element of the latter count” (People v Ladson, 209 AD2d 640, 640 [1994], lv denied 85 NY2d 911 [1995]; see People v James, 249 AD2d 919 [1998], lv denied 92 NY2d 899 [1998]). Here, defendant’s acquittal of sodomy “did not negate any essential element” of either sexual abuse in the first degree or endangering the welfare of a child (James, 249 AD2d at 919). Also contrary to defendant’s contention, the sentence is neither unduly harsh nor severe. Present—Pigott, Jr., P.J., Green, Wisner, Hurlbutt and Gorski, JJ.

Case Details

Case Name: People v. Lewis
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 19, 2004
Citation: 5 A.D.3d 1073
Court Abbreviation: N.Y. App. Div.
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