The People of the State of New York, Respondent, v. Rodney Brown, Defendant-Appellant. (2026)

Per Curiam.

Judgment of conviction (Heidi Cesare, J.), rendered May 7, 2019, affirmed.

Defendant's claim that the evidence was legally insufficient to establish that he forcibly touched the victim for the purpose of degrading or abusing her is unpreserved, and we decline to review it in the interest of justice. As an alternate holding, we reject the claim on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348—349 [2007]). There is no basis for disturbing the jury's credibility determinations. The victim, a case manager at a homeless shelter, testified that as she was talking to one of her clients, defendant, a stranger to her, slid his "thick, heavy" hand between her buttocks without consent, and slid his finger from bottom to top in an upward motion. The jury could justifiably infer from defendant's actions and the surrounding circumstances that his intent was either for his sexual gratification or for the purpose of degrading or abusing the victim (see People v Wagner, 72 AD3d 1196, 1197 [2010], lv denied 15 NY3d 779 [2010]; People v Fuller, 50 AD3d 1171, 1175 [2008], lv denied 11 NY3d 788 [2008]; see also People v Hatton, 26 NY3d 364, 369 [2015]), and was not accidental or inadvertent contact (see People v Kader, 62 Misc 3d 143[A], 2019 NY Slip Op 50110[U] [App Term, 1st Dept 2019], lv denied 33 NY3d 950 [2019]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: September 22, 2026