People v. Edwards
| Decision Date | 06 February 2020 |
| Docket Number | 110842 |
| Citation | 180 A.D.3d 1111,117 N.Y.S.3d 775 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jason P. EDWARDS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
180 A.D.3d 1111
117 N.Y.S.3d 775
The PEOPLE of the State of New York, Respondent,
v.
Jason P. EDWARDS, Appellant.
110842
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: January 10, 2020
Decided and Entered: February 6, 2020
Mark A. Wolber, Utica, for appellant.
William G. Gabor, District Attorney, Wampsville (Elizabeth S. Healy of counsel), for respondent.
Before: Garry, P.J., Mulvey, Devine, Pritzker and Colangelo, JJ.
MEMORANDUM AND ORDER
Devine, J.
Appeal from a judgment of the County Court of Madison County (O'Sullivan, J.), rendered September 10, 2018, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.
Defendant waived indictment and pleaded guilty to a superior court information (hereinafter SCI) charging him with sexual abuse in the first degree.1 Defendant moved to dismiss the SCI, asserting that it was jurisdictionally defective because it did not allege every element of the crime charged. County Court denied the motion and, thereafter, sentenced defendant in accordance with the terms of the plea agreement. Defendant appeals.
We are unpersuaded by defendant's sole contention on appeal that the SCI is jurisdictionally defective because it failed to allege that the touching of the victim's sexual areas was for the purpose of sexual gratification. The SCI specifically referenced that defendant violated Penal Law § 130.65(3), which states that "[a] person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact ... [w]hen that other person is less than [11] years old." The term "sexual contact" is expressly contained in the SCI and is defined in Penal Law § 130.00(3) as "any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party." Incorporating specific reference to the statute that defines sexual abuse in the first degree operates not only to constitute...
To continue reading
Request your trial
-
People v. Ferretti
...( People v. Brown, 163 A.D.3d at 1271, 82 N.Y.S.3d 218 [internal quotation marks, brackets and citation omitted]; see People v. Edwards, 180 A.D.3d 1111, 1111–1112, 117 N.Y.S.3d 775 [3d Dept. 2020], lv denied 35 N.Y.3d 969, 125 N.Y.S.3d 34, 148 N.E.3d 498 [2020] ; People v. Kamburelis, 100 ......
-
People v. Weeks
...as well as "the statutory definitions of those elements," warranting rejection of this jurisdictional challenge ( People v. Edwards, 180 A.D.3d 1111, 1111–1112, 117 N.Y.S.3d 775 [2020] [internal quotation marks and citations omitted], lv denied 35 N.Y.3d 969, 125 N.Y.S.3d 34, 148 N.E.3d 498......
-
People v. Parks
...subject convictions "arose from separate and distinct acts, notwithstanding that they occurred in the course of a continuous incident" ( 180 A.D.3d 1111 People v. Dunham , 172 A.D.3d at 1466, 101 N.Y.S.3d 214 [internal quotation marks and citations omitted] ), thus warranting the imposition......