PEOPLE v. DIAZ

3645, 3485/11.

152 A.D.3d 471 (2017)

2017 NY Slip Op 05797

59 N.Y.S.3d 30

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAY DIAZ, Appellant.

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

Decided July 25, 2017.


Defendant's legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence.

Defendant argues that the convictions should be vacated as unsupported by legally sufficient evidence and against the weight of the evidence, because the jury inconsistently found him guilty on the criminal sexual act and sex abuse...

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