People v. May (2020)

Defendant also presented testimony from an aerospace engineer who conducted experiments to determine the manner of death. [FN2] Contrary to defendant's contention, County Court did not abuse its discretion in limiting the scope of the aerospace engineer's testimony ( see generally People v May , 188 AD3d 1309, 1310 [3d Dept 2020], lv denied 36 NY3d 974 [2020]).

Victim B also testified and, although he was younger than victim A and provided fewer details as to what had occurred, gave an account that was largely consistent with that described by victim A. Notwithstanding defendant's claim to the contrary — and to the extent that the issue is preserved by his trial motion to dismiss — we have no difficulty concluding that the foregoing testimony, when viewed in the light most favorable to the People, is legally sufficient to support t…

Thus, viewing the evidence in a neutral light and deferring to the jury's credibility determinations, the verdict finding defendant guilty of course of sexual conduct against a child in the second degree is supported by the weight of the evidence ( see People v Goff, 224 AD3d 1008 , 1009 [3d Dept 2024]; People v May, 188 AD3d 1309, 1309-1310 [3d Dept 2020], lv denied 36 NY3d 974 [2020]; People v Thornton , 141 AD3d 936, 938 [3d Dept 2016], lv denied 28 NY3d 1151 [2017]).

It was also consistent with the confession made by defendant during his interview with investigators, which included admissions to engaging in essentially the same sexual conduct with the victim that she reported and which was then memorialized into a written statement read and signed by defendant — therefore corroborating the victim's testimony ( see People v May , 188 AD3d 1309, 1310 [3d Dept 2020], lv denied 36 NY3d 974 [2020]).

Viewing the evidence in the light most favorable to the People, we find that such evidence was legally sufficient for a rational jury to find that defendant's sexually abusive conduct occurred over a period of time not less than three months in duration ( see People v May , 188 AD3d 1309, 1309-1310 [3d Dept 2020], lv denied 36 NY3d 974 [2020]; People v Thornton , 141 AD3d 936, 937 [3d Dept 2016], lv denied 28 NY3d 1151 [2017]).

As to defendant's assertions, "trial counsel cannot be ineffective for failing to advance an argument that has little or no chance of success" ( People v May , 188 AD3d 1309, 1311 [3d Dept 2020] [internal quotation marks and citation omitted], lv denied 36 NY3d 974 [2020]).

As to defendant's assertions, "trial counsel cannot be ineffective for failing to advance an argument that has little or no chance of success" ( People v May , 188 AD3d 1309, 1311 [3d Dept 2020] [internal quotation marks and citation omitted], lv denied 36 NY3d 974 [2020]).

The People further "presented expert testimony as to how the victim[s'] unremarkable sexual assault examination[s] [were] not unusual for child sexual abuse victims and how, in general, children who had been sexually abused could be expected to delay in disclosing it" ( People v [*3]May , 188 AD3d 1309, 1310 [3d Dept 2020], lv denied 36 NY3d 974 [2020]).

As to defendant's assertions that counsel failed to move to dismiss counts 2 through 140 as duplicitous and object to the admission of defendant's statements to law enforcement after waiving the Huntley hearing, "trial counsel cannot be ineffective for failing to advance an argument that has little or no chance of success" ( People v May , 188 AD3d 1309, 1311 [2020] [internal quotation marks and citations omitted], lv denied 36 NY3d 974 [2020]; see People v Rose , 185 AD3d 1…

As to defendant's specific contention regarding his conviction for predatory sexual assault, given the testimony regarding when the abuse started as well as the testimony that it occurred weekly in the year before victim A turned 13, the jury could reasonably infer that defendant engaged in a course of sexual conduct against victim A that lasted more than three months prior to when she turned 13 ( see People v May , 188 AD3d 1309, 1310 [2020], lv denied 36 NY3d 974 [2020]; P…

As to defendant's specific contention regarding his conviction for predatory sexual assault, given the testimony regarding when the abuse started as well as the testimony that it occurred weekly in the year before victim A turned 13, the jury could reasonably infer that defendant engaged in a course of sexual conduct against victim A that lasted more than three months prior to when she turned 13 ( see People v May , 188 AD3d 1309, 1310 [2020], lv denied 36 NY3d 974 [2020]; P…

As it is undisputed that defendant was well over 18 years old during the relevant time, the victim's testimony constituted legally sufficient evidence to support the convictions ( see People v May , 188 AD3d 1309, 1310 [2020], lv denied 36 NY3d 974 [2020]). [FN1] As to the weight of the evidence, a different finding would not have been unreasonable had the jury believed defendant's testimony in which he denied any sexual conduct with the victim and provided an explanation fo…

Although trial counsel did not cross-examine many of the law enforcement officers or medical providers who testified at trial, counsel did cross-examine the People's expert psychologist and a police officer who observed defendant at the time of his arrest, the latter of whom testified that defendant was "hysterical." Defendant has failed to establish that trial counsel's actions were not part of a legitimate trial strategy — i.e., to accept that the assaults occurred but ass…

"The admissibility and scope of expert testimony is addressed to the sound discretion of the trial court, which must assess whether the witness possesses adequate skill, training, education, knowledge or experience to proffer it" ( People v May , 188 AD3d 1309, 1310-1311 [2020] [internal quotation marks and citations omitted], lv denied 36 NY3d 974 [2020]; see People v Lee , 96 NY2d 157, 162 [2001]; People v Godallah , 132 AD3d 1146, 1150 [2015]).

When viewing the evidence in a light most favorable to the People[*3], we conclude that "there is a valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the fact finder" that defendant was guilty of predatory sexual abuse against a child and endangering the welfare of a child ( People v Gilmore , 200 AD3d 1184, 1188-1189 [3d Dept 2021] [internal quotation marks, brackets and citations omitted], lv denied 38 NY3d 9…