The People of the State of New York v. Luis Guaman

Summary

The New York Court of Appeals affirmed the Appellate Term, holding that the misdemeanor information sufficiently alleged a prima facie case of forcible touching and that the statutory term “forcibly touches” includes any bodily contact involving some level of pressure to the victim’s sexual or intimate parts. The Court adopted a broad construction of the term, rejecting the defendant’s argument that force requires compression or pain. Chief Judge Lippman, in a concurring opinion, agreed with the result but criticized the majority’s expansive definition of “forcibly touch.”