The People of the State of New York, Respondent, v. Ali Elhaddad, Defendant-Appellant. (2026)

Per Curiam.

Judgment of conviction (Herbert J. Moses, J.), rendered November 16, 2021, affirmed.

The accusatory instrument charging third-degree sexual abuse (see Penal Law § 130.55), assessed under the standard applicable to an information (see People v Hatton, 26 NY3d 364, 368 [2015]), was jurisdictionally valid because it set forth "nonhearsay allegations which, if true, establish every element of the offense charged and the defendant's commission thereof" (People v Wheeler, 34 NY3d 1134, 1135 [2020] [internal quotation marks and citation omitted]). 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 "looked back at the defendant and moved away." At the pleading stage, these allegations support the inference that the victim did not acquiesce to defendant's actions (see Penal Law § 130.05 [2] [c][lack of consent results from "any circumstances ... in which the victim does not expressly or impliedly acquiesce in the actor's conduct"]; People v Hatton, 26 NY3d at 370; 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]).

We have considered defendant's remaining contentions, including the request that this court "reconsider" a now four year-old decision, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: March 13, 2026