PEOPLE v. ALONZO

No. 26.

16 N.Y.3d 267 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSE CASIANO ALONZO, Respondent.

Court of Appeals of New York.

Decided February 24, 2011.


Attorney(s) appearing for the Case

Janet DiFiore , District Attorney, White Plains ( Raffaelina Gianfrancesco , Lois Cullen Valerio and Anthony J. Servino of counsel), for appellant.

Legal Aid Society, White Plains ( Joana Otaiza and Stephen J. Pittari of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.


OPINION OF THE COURT

SMITH, J.

We hold that, where the evidence before a grand jury shows a single, uninterrupted attack in which the attacker gropes several parts of a victim's body, the attacker may be charged with only one count of sexual abuse.

I

According to the evidence presented to a grand jury, defendant persuaded two women to visit him in the middle of the night at the apartment of a friend of his. After a short stay, the women...

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