PEOPLE v. DITTA


52 N.Y.2d 657 (1981)

The People of the State of New York, Respondent, v. John Ditta, Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1981.


Attorney(s) appearing for the Case

Spiros A. Tsimbinos for appellant.

John Santucci, District Attorney (Ivan K. Chesler of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

Presented for review is the question whether a defendant may be convicted of sexual abuse in the first degree (Penal Law, § 130.65) where he compels another person to touch his sexual or other intimate parts. For reasons that follow, such conduct constitutes sexual abuse.

On the morning of March 15, 1978, the 16-year-old victim was hurriedly walking to school to avoid arriving...

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