Legal Opinion

People v. Scott

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1986PublishedCited by 6 opinions

1Opinion of the Court

Memorandum: Defendant appeals his conviction of first degree sexual abuse of a nine-year-old girl on July 9, 1984. He claims that the court charged the jury with an ex post facto law by reading the second sentence of Penal Law § 130.00 (3) (eff July 27, 1984). Such claim is without merit. Sexual contact is defined in the first sentence of Penal Law § 130.00 (3) as "any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party.” The 1984 amendment expressly states that contact may occur "directly or through…

2Cases cited4 opinions

  1. People v. TeicherNew York Court of Appeals · 1981
  2. People v. DittaNew York Court of Appeals · 1981
  3. People v. GomezAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. BockenoAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by6 opinions

  1. People v. BoykinAppellate Division of the Supreme Court of the State of New York · 1987
  2. People v. OlsowskeAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. WaliAppellate Division of the Supreme Court of the State of New York · 1990

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