Appellate Division of the Supreme Court of New York, 1985

People v. Lewis

People v. Lewis
Appellate Division of the Supreme Court of New York · Decided July 12, 1985
112 A.D.2d 702; 492 N.Y.S.2d 196; 1985 N.Y. App. Div. LEXIS 56209
People v. Lewis

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant’s conviction of sexual abuse in the first degree was legally permissible, based on proof that he bit complainant’s breasts by forcible compulsion, even though the jury acquitted him of rape and sodomy charges involving conduct during the same incident (Penal Law § 130.65; § 130.00 [3]; see, People v Ditta, 52 NY2d 657).

We have examined defendant’s other claims of error and find them to be without merit. (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — sexual abuse, first degree.) Present — Dillon, P. J., Doerr, Boomer, O’Donnell and Pine, JJ.

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