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PEOPLE v. ROSS

3386/10, 13673, 13672

123 A.D.3d 454 (2014)

998 N.Y.S.2d 177

2014 NY Slip Op 08491

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD ROSS, Appellant.

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

Decided December 4, 2014.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant's commission of attempted sexual abuse in the first degree was established by evidence that he attempted to subject the eight-year-old victim to sexual contact, by twice approaching her and requesting that she touch his penis. In each instance, defendant's conduct constituted an attempt under Penal Law § 110...

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