PEOPLE v. CRUZ (2019)

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered December 6, 2016, convicting defendant, after a jury trial, of attempted rape in the first degree and sexual abuse in the first degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 18 years to life, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (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 evidence established that defendant intended to commit rape and that he came dangerously close to doing so (see e.g. People v. Jackson, 11 A.D.3d 369, 784 N.Y.S.2d 35 [1st Dept. 2004], lv. denied 3 N.Y.3d 757, 788 N.Y.S.2d 674, 821 N.E.2d 979 [2004];  People v. Tenden, 232 A.D.2d 244, 649 N.Y.S.2d 1 [1st Dept. 1996], lv denied 89 N.Y.2d 947, 655 N.Y.S.2d 898, 678 N.E.2d 511 [1997] ).  Defendant chased the victim, knocked her down, crouched over her, grabbed her breasts and buttocks, and pulled down his pants.  Under these circumstances, the absence of an explicit demand for sex does not undermine a finding of attempted rape.  Defendant's arguments concerning the sexual abuse conviction are likewise unavailing.