People v. Guinn

OPINION OF THE COURT

Judgment of conviction, rendered February 11, 2009, affirmed.

Following an initial trial which resulted in defendant’s acquittal of third-degree sexual abuse (Penal Law § 130.55) and a deadlocked jury and mistrial on a separate count of forcible touching (Penal Law § 130.52), a retrial was ordered on the forcible touching charge. So as to protect defendant’s double jeopardy rights, proof and jury consideration of the intent element of the remaining forcible touching charge upon the retrial was limited to whether defendant’s intention in touching the victim was for the…