Appellate Term, Second Department · August 20, 2026 · 2026 NY Slip Op 51577[U]
People v De Oliveira
Read the official decision: 2026 NY Slip Op 51577[U]
Holding The court affirmed the convictions for forcible touching and sexual abuse in the third degree, determining that the evidence was legally sufficient to prove that the defendant forcibly touched the complainant’s face, an intimate body part, for sexual gratification. The court also upheld the admission of prior bad act testimony as relevant to intent and motive, and found the sentences were not unduly harsh.
The court’s words
The City Court is correct that a person's face can be considered an intimate body part, especially in the context of a kiss
2026 NY Slip Op 51577[U], at the official text
we find that it was not an improvident exercise of discretion for the City Court to have allowed testimony pertaining to defendant's prior attempt to kiss the complainant
2026 NY Slip Op 51577[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | August 20, 2026 |
| Citation | 2026 NY Slip Op 51577[U] |
| Area of law | Criminal Law |
| Week | Week ending August 22, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51577[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 909 |
Recommended citation
ESQ HQ, New York Law Watch, People v De Oliveira, 2026 NY Slip Op 51577[U] (Appellate Term, Second Department, August 20, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51577-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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