People v. D'Alessio

OPINION OF THE COURT

Judgment of conviction rendered July 10, 2002 affirmed.

Defendant, a massage therapist, was convicted after a jury trial of third degree sexual abuse (Penal Law § 130.55) upon evidence, not directly challenged on appeal, that he twice rubbed a client’s vaginal area while massaging her in a closed room in a *65local health club. Tacitly acknowledging that the evidence satisfied both the sexual contact and sexual gratification elements of the charged offense, defendant challenges the legal sufficiency of the evidence solely upon the ground that it failed to establish the…