CONVICTION OF “SEXUAL ABUSE IN THE THIRD DEGREE” AFFIRMED
After he was convicted of sexual abuse in the third degree, and was sentenced, CC appealed.
On its review of the record, the Appellate Term, First Department, noted that the conviction was “not against the weight of the evidence.”
Apparently, he followed a woman onto a subway car, and in the presence of an undercover police officer, CC “repeatedly thrust his groin into her buttocks.”
That CC was acquitted of other charges, did not negate the outcome. As the AT1 noted, “An acquittal ‘does not make the evidence of the [acquitted conduct] disappear.’” And since it could discern no legal irregularity, the conviction was affirmed.
Do you think he found that to be discretional abuse?
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DECISION