Legal Opinion

People v. Anthony D.

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 1999PublishedCited by 9 opinions

1Opinion of the Court

Adjudication unanimously affirmed. Memorandum: We reject the contention of defendant that the evidence is insufficient to support his conviction of sexual abuse in the first degree (Penal Law § 130.65 [3]) because the People failed to prove that he touched the victim’s vagina for the purpose of gratifying sexual desire (see, Penal Law § 130.00 [3]). The sexual gratification element may be inferred from the conduct itself (see, People v Dehler, 216 AD2d 643, 644, lv denied 86 NY2d 734; Matter of Olivia YY., 209 AD2d 892). We further reject the contention that the People failed to present…

2Cases cited7 opinions

  1. People v. LipskyNew York Court of Appeals · 1982
  2. People v. CorderoAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1989
  4. In re Olivia YY.Appellate Division of the Supreme Court of the State of New York · 1994
  5. People v. DehlerAppellate Division of the Supreme Court of the State of New York · 1995

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3Cited by9 opinions

  1. People v. ScerboAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. PradoAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. GravesAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. OwensAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. SchenkAppellate Division of the Supreme Court of the State of New York · 2002

4 more not listed; retrieve them via the Exa API.

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