Legal Opinion

People v. Boykin

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

Decided February 27, 1987PublishedCited by 13 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant’s conduct in rubbing his covered penis against the covered buttocks of two males, 11 and 13 years old, constituted sexual contact as defined by Penal Law § 130.00 (3) (see, People v Darryl M., 123 Misc 2d 723; Matter of David M., 93 Misc 2d 545). Defendant’s reliance upon People v Vicaretti (54 AD2d 236, 247-249) is misplaced. In Vicaretti, this court held that sexual abuse is not a lesser included offense of rape and that sexual intercourse by itself did not constitute the sexual contact required for a sexual abuse conviction (accord,…

2Cases cited8 opinions

  1. People v. TeicherNew York Court of Appeals · 1981
  2. People v. DittaNew York Court of Appeals · 1981
  3. People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
  4. People v. Darryl M.Criminal Court of the City of New York · 1984
  5. In re David M.New York City Family Court · 1978

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Bible v. StateCourt of Appeals of Maryland · 2009
  2. People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
  4. Commonwealth v. RiccoSuperior Court of Pennsylvania · 1994
  5. People v. FeltonAppellate Division of the Supreme Court of the State of New York · 1988

8 more not listed; retrieve them via the Exa API.

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