People v. Mack

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

During the morning rush hour on March 22, 2002, a teenage girl on her way to school got on a packed subway train in Manhattan. She stood just inside the train’s door as a tall and “very heavy” man “pushed himself in so [that] he was behind” her. Once the doors closed and the train started to move, the girl felt some “weird movements” on her lower back, which she attributed to the swaying of the train and the press of passengers. When she turned in the man’s direction, though, the touching sensation stopped;…