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PEOPLE v. GUAMAN

No. 29

22 N.Y.3d 678 (2014)

8 N.E.3d 324

985 N.Y.S.2d 209

2014 NY Slip Op 1264

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS GUAMAN, Appellant.

Court of Appeals of New York.

Decided February 25, 2014.

Attorney(s) appearing for the Case

Dechert LLP, New York City (James M. McGuire of counsel), and Steven Banks, The Legal Aid Society (Lawrence T. Hausman of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Yuval Simchi-Levi, and Alan Gadlin of counsel), for respondent.

Judges GRAFFEO, SMITH, PIGOTT and RIVERA concur with Judge READ; Chief Judge LIPPMAN concurs in result in an opinion; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

READ, J.

Around 4:25 p.m. on April 8, 2009, inside the subway station at Lexington Avenue and E. 42nd Street, defendant Luis Guaman rubbed his exposed penis against another man's buttocks. A Transit Division police officer observed this take place and arrested defendant. The unwitting victim confirmed to the police officer that he had not consented to defendant's sexual advance.

Defendant...

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