PEOPLE v. WATTS (2019)

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered February 15, 2017, convicting defendant, after a jury trial, of predatory sexual assault against a child, sexual abuse in the first degree (two counts) and endangering the welfare of a child (two counts), and sentencing him to an aggregate term of 20 years to life, unanimously affirmed.

Defendant's argument that the verdict convicting him of predatory sexual assault against a child was against the weight of the evidence is unavailing (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).  There is no basis for disturbing the jury's credibility determinations.  The main victim's testimony established numerous sex acts, including an act of oral sex.

The court properly admitted evidence that one of the three child victims saw defendant engage in a sexual assault against a fourth child, who was not named as a victim in the indictment.  That testimony was probative of the child endangerment count pertaining to the child who observed that conduct (see People v. Johnson, 95 N.Y.2d 368, 372, 718 N.Y.S.2d 1, 740 N.E.2d 1075 [2000] ).  The People were not required to stop after presenting a minimum of evidence (see People v. Alvino, 71 N.Y.2d 233, 245, 525 N.Y.S.2d 7, 519 N.E.2d 808 [1987] ), and the probative value of this evidence outweighed any prejudicial effect.

We perceive no basis for reducing the sentence.