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PEOPLE v. GARCIA

No. 17.

38 N.Y.3d 1137 (2022)

193 N.E.3d 1105

173 N.Y.S.3d 192

2022 NY Slip Op 03359

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CESAR GARCIA, Appellant.

Court of Appeals of New York.

Reargued April 19, 2022.

Decided May 24, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Mark W. Zeno of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York City ( David M. Cohn and Robert Brent Ferguson of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

Defendant was originally charged with public lewdness, two counts of forcible touching, and two counts of sexual abuse in the third degree after a police officer observed him masturbating on a subway platform and pressing himself against two women on a subway car. The People thereafter filed a prosecutor's information...

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