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PEOPLE v. JOHNSON

Ind. No. 606/15. Appeal No. 15261. Case No. 2017-271.

202 A.D.3d 485 (2022)

162 N.Y.S.3d 351

2022 NY Slip Op 00821

The People of the State of New York, Respondent, v. Cephus Johnson, Appellant.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Steven J. Miraglia of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Dana Poole of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

Defendant's legal sufficiency claim regarding his sexual abuse conviction 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 (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The evidence established that the victim did not consent to having her buttocks touched by defendant. There...

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