PEOPLE v. ROEBUCK (2019)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Larry ROEBUCK, Defendant-Appellant.

570451 /14

Decided: November 13, 2019

PRESENT: Shulman, P.J., Edmead, J.

Judgment of conviction (Anthony J. Ferrara, J.), rendered June 23, 2014, affirmed.

The accusatory instrument was not jurisdictionally defective. It charged all the elements of forcible touching (see Penal Law § 130.52). The lack of consent element of the offense (see Penal Law § 130.05[2][c]) was satisfied by allegations that defendant pushed his groin up against a woman's buttocks on a subway car and repeatedly rubbed against her, and that the victim “turn[ed] around and look[ed] at the defendant, [then] move[d] her bag such that it was placed in between her buttocks and the defendant's groin area.” At the pleading stage, these allegations support the inference that the victim did not acquiesce to defendant's actions (see People v Hatton, 26 NY3d 364, 370 [2015]; People v Nobles, 57 Misc 3d 135[A], 2017 NY Slip Op. 51267[U][App Term, 1st Dept 2017]; People v White, 26 Misc 3d 129[A], 2010 NY Slip Op. 50022[U][App Term, 1st Dept 2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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