Legal Opinion
People v. Thomas
Criminal Court of the City of New York
Decided October 17, 1977PublishedCited by 12 opinions
1Opinion of the CourtBenjamin Altman, J.
Is the buttock a "private part” of a female? This is the question raised by the defendant. The defendant has moved to dismiss the misdemeanor complaint for its failure to state a reasonable cause for prosecution under section 130.55 of the Penal Law, sexual abuse in the third degree.
The factual situation is not disputed and is as follows:
*725The defendant, James Thomas, is charged with touching the buttocks of a female, Barbara Starkey, without her consent, while the defendant and Mrs. Starkey were riding a rush hour IRT train on a Friday, September 9.
The defendant was arrested by a transit…
2Cases cited2 opinions
- People v. BelcherNew York Court of Appeals · 1949
- People v. BlodgettAppellate Division of the Supreme Court of the State of New York · 1971
3Cited by12 opinions
- State v. CamarilloWashington Supreme Court · 1990
- In Re the Welfare of AdamsCourt of Appeals of Washington · 1979
- Parker v. StateCourt of Criminal Appeals of Alabama · 1981
- People v. Darryl M.Criminal Court of the City of New York · 1984
- In re A.B.District of Columbia Court of Appeals · 1989
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