People v. Boykin
Appellate Division of the Supreme Court of the State of New York
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
- People v. TeicherNew York Court of Appeals · 1981
- People v. DittaNew York Court of Appeals · 1981
- People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
- People v. Darryl M.Criminal Court of the City of New York · 1984
- In re David M.New York City Family Court · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bible v. StateCourt of Appeals of Maryland · 2009
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
- Commonwealth v. RiccoSuperior Court of Pennsylvania · 1994
- 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.