People v. Guaman

OPINION OF THE COURT

Read, J.

Around 4:25 p.m. on April 8, 2009, inside the subway station at Lexington Avenue and E. 42nd Street, defendant Luis Guarnan rubbed his exposed penis against another man’s buttocks. A Transit Division police officer observed this take place and *680arrested defendant. The unwitting victim confirmed to the police officer that he had not consented to defendant’s sexual advance.

Defendant was charged with third-degree sexual abuse (Penal Law § 130.55), forcible touching (Penal Law § 130.52) and public lewdness (Penal Law § 245.00). The accusatory instrument, a misdemeanor…