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PEOPLE v. KELLY

3504, 2190/13.

148 A.D.3d 585 (2017)

2017 NY Slip Op 02160

49 N.Y.S.3d 693

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVONTE KELLY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 23, 2017.

We reject defendant's challenges to the sufficiency and weight of the evidence supporting the sexual gratification element of sexual abuse (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant's actions and words support the inference that he acted for the purpose of gratifying a sexual desire. The record fails to support defendant's claim that he had such difficulty expressing himself that his sexual remark to the victim...

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