PEOPLE v. LEMA

4455, 4117/13.

152 A.D.3d 440 (2017)

2017 NY Slip Op 05683

55 N.Y.S.3d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS LEMA, Appellant.

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

Decided July 13, 2017.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Although defendant used a phone camera to record underneath women's skirts on a subway train, no image of their "sexual or other intimate parts" (Penal Law § 250.45 [4]) resulted because of the dark lighting conditions. We conclude that the statute is satisfied so long as...

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