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PEOPLE v. SUMPTER

190 Misc.2d 115 (2001)

737 N.Y.S.2d 219

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY SUMPTER, Appellant.

Supreme Court, Appellate Term, First Department.

December 11, 2001.

Attorney(s) appearing for the Case

Warren S. Hecht, Forest Hills, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (James D. Gibbons and Madeleine Guilman of counsel), for respondent.

McCOOE, J. P., and SUAREZ, J., concur; GANGEL-JACOB, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction rendered June 24, 1999 affirmed.

The proof adduced at trial shows that defendant "confronted" the complainant, a co-worker, put his hands around the complainant "so [she] couldn't move," "grabbed" and "caressed" the complainant's buttocks through her clothing, and "stuck his tongue all over [the complainant's] face" in an unsuccessful effort to kiss her. The encounter persisted despite the complainant...

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