People v. Naylor

OPINION OF THE COURT

Yesawich Jr., J.

Defendant’s indictment stems from an incident in which he broke into his estranged wife’s apartment, while she was sleeping, and proceeded to fondle her breasts and genitals. On appeal, defendant contends that his conviction for sexual abuse in the third degree was improper because the victim and defendant were married and not legally separated at the time of the occurrence (see, Penal Law § 130.00 [4]). Inasmuch as defendant was convicted of sexual abuse in the third degree, for which forcible compulsion need not be proven (see, Penal Law § 130.05 [1], [2]…