People v. Anthony D.
Appellate Division of the Supreme Court of the State of New York
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
- People v. LipskyNew York Court of Appeals · 1982
- People v. CorderoAppellate Division of the Supreme Court of the State of New York · 1999
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1989
- In re Olivia YY.Appellate Division of the Supreme Court of the State of New York · 1994
- People v. DehlerAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by9 opinions
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- People v. SchenkAppellate Division of the Supreme Court of the State of New York · 2002
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