People v. Gonzalez

Summary

The New York Appellate Division, First Department unanimously affirmed Wilfredo Gonzalez's conviction for persistent sexual abuse and his four-year sentence. The court held that the verdict was not against the weight of the evidence, that evidence of prior sexual misconduct was properly admitted to establish intent, and that the defendant's jury-selection claim was unpreserved and otherwise did not warrant reversal.

Holdings

1. The verdict was not against the weight of the evidence and the jury's credibility determinations provided no basis for reversal.
2. The trial court properly admitted evidence of two prior incidents of sexual misconduct because the evidence was relevant to establish defendant's intent and was not offered for an impermissible propensity purpose.
3. Defendant failed to preserve the claim, and the court declined to review it in the interest of justice.
4. Defendant was required to preserve the claim concerning the preliminary screening and excusal of jurors. To the extent the record permitted review, the court's own determinations regarding juror fitness and the proper procedure made any instructions given by the court officer fundamentally ministerial.

Questions Presented

1. Whether the jury's verdict convicting defendant of persistent sexual abuse was against the weight of the evidence.
2. Whether the trial court properly admitted evidence of two prior incidents of sexual misconduct to prove intent under the Molineux doctrine.
3. Whether defendant preserved a claim that the prosecutor mischaracterized the evidence during summation.
4. Whether defendant preserved a claim concerning the court's excusal and handling of prospective jurors during preliminary jury screening, and whether the court officer's instructions were improper.

Disposition

affirmed