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PEOPLE v. MACK

No. 47.

18 N.Y.3d 929 (2012)

965 N.E.2d 959

942 N.Y.S.2d 457

2012 NY Slip Op 2124

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JASON MACK, Respondent.

Court of Appeals of New York.

Decided March 22, 2012.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Vincent W. Rivellese and Hilary Hassler of counsel), for appellant.

Dratel & Mysliwiec, P.C., New York City ( Alice L. Fontier of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

During the morning rush hour on March 22, 2002, a teenage girl on her way to school got on a packed subway train in Manhattan. She stood just inside the train's door as a tall and "very heavy" man "pushed himself in so [that] he was behind" her. Once the doors closed and the train started to move, the girl felt some "weird movements" on her lower back, which...

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