Legal Opinion

People v. Miller

Criminal Court of the City of New York

Decided February 21, 2008PublishedCited by 1 opinion

1Opinion of the Court

*458OPINION OF THE COURT

Michael Gerstein, J.

The issue in this case is whether “no,” proclaimed by a 13-year-old student to her 24-year-old substitute teacher, in fact means “no,” and whether the teacher’s refusal to heed his student’s admonition, coupled with his act of blocking the door and preventing the 13 year old from leaving his residence, constitutes attempted sexual abuse in the second and third degrees. We hold that the 13 year old’s rejection of her teacher’s advances, along with his act in preventing the minor from leaving while attempting to kiss her, sufficiently make out each of the…

2Cases cited15 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. JenningsNew York Court of Appeals · 1986
  3. People v. DumasNew York Court of Appeals · 1986
  4. Brown v. StateWisconsin Supreme Court · 1906
  5. People v. GonzalezAppellate Terms of the Supreme Court of New York · 2000

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3Cited by1 opinion

  1. Aguilar v. WishnerAppellate Division of the Supreme Court of the State of New York · 2025

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