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People v. Feliciano
Citation: 2020 NY Slip Op 3983Docket: 11821 1391/16
Court: Appellate Division of the Supreme Court of the State of New York; July 16, 2020; New York; State Appellate Court
Original Court Document: View Document
Judgment in *People v. Feliciano* (2020 NY Slip Op 03983) affirmed the conviction of Phillip Santo Feliciano for second-degree sexual conduct against a child, following a jury trial. The Supreme Court of New York County, under Justice Ruth Pickholz, sentenced Feliciano to three years on February 28, 2018. The Appellate Division, First Department, ruled that Feliciano’s claims regarding the legal sufficiency of the evidence were unpreserved and therefore declined to review them in the interest of justice. Even if reviewed, the court found the claims meritless, determining that the jury's verdict was not against the weight of evidence. The court upheld the jury’s credibility assessments, noting that evidence of Feliciano's conduct supported the inference of sexual gratification as defined under Penal Law § 130.00(3). Challenges to the prosecutor's summation were also unpreserved, with no grounds found for reversal. Furthermore, the court saw no reason to reduce the sentence imposed. The decision constitutes the official judgment of the Appellate Division.