People v. Ford

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Sexual abuse in the first degree (Penal Law § 130.65) is not a lesser included offense of first degree sodomy (Penal Law § 130.50), as it is not impossible to commit the latter crime without concomitantly, by the same conduct, committing the former (see, CPL 1.20 [37]; People v Glover, 57 NY2d 61). The crime of sexual abuse requires sexual contact (Penal Law § 130.65), defined as "any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual…