PEOPLE v. TEBOUT (2018)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered October 16, 2015, convicting him of endangering the welfare of a child, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the County Court providently exercised its discretion in admitting evidence of the defendant's physical, mental, and verbal abuse of the complainant, of his prior uncharged acts of sexual abuse of the complainant, and of domestic violence perpetrated by the defendant against his wife in front of the other members of the household, which included the complainant.  The evidence provided necessary background information as to the relationship between the defendant and the complainant and was relevant to explain why the complainant failed to promptly report the alleged sexual abuse (see People v. Gamble, 18 N.Y.3d 386, 398, 941 N.Y.S.2d 1, 964 N.E.2d 372;  People v. Rabanal, 139 A.D.3d 758, 758, 31 N.Y.S.3d 158;  People v. Jean, 127 A.D.3d 882, 4 N.Y.S.3d 905;  People v. Hill, 121 A.D.3d 469, 994 N.Y.S.2d 97;  People v. Holden, 82 A.D.3d 1007, 918 N.Y.S.2d 773).  The court properly balanced the probative value of the evidence against the potential prejudice to the defendant (see People v. Gamble, 18 N.Y.3d at 398, 941 N.Y.S.2d 1, 964 N.E.2d 372;  People v. Basir, 179 A.D.2d 662, 578 N.Y.S.2d 603), and gave the appropriate instruction to the jury as to the limited purpose for which the evidence should be considered (see People v. Dorm, 12 N.Y.3d 16, 19, 874 N.Y.S.2d 866, 903 N.E.2d 263).

The defendant's contention that the People failed to adduce legally sufficient evidence to prove his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05[2];  People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946).  In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1;  People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of endangering the welfare of a child beyond a reasonable doubt.  Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5];  People v. Danielson, 9 N.Y.3d at 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless afford great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053;  People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).  Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).

The defendant's contention that the County Court erred in accepting a partial verdict is unpreserved for appellate review (see People v. Urbaniak, 70 A.D.3d 1056, 1057, 895 N.Y.S.2d 521) and, in any event, without merit (see CPL 310.70[1][a] ).

CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.