People v. Ford, 76 N.Y.2d 868 (1990). · Go Syfert
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People v. Ford, 76 N.Y.2d 868 (1990). Cases Citing This Book View Copy Cite
26 citation events (17 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. Scott, 12 A.D.3d 1144 (N.Y. App. Div. 4th Dep't 2004)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
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At page 869 cited at this page2 citing cases
  • People v. Gibson, 2 A.D.3d 969 (N.Y. App. Div. 3d Dep't 2003).published
    Just as it is possible to commit the crimes of rape in the first degree and sodomy in the first degree without concomitantly, by the same conduct, committing sexual abuse in the first degree (see CPL 1.20 [37]; People v Ford, 76 NY2d 868,…
  • People v. Beauharnois, 64 A.D.3d 996 (N.Y. App. Div. 3d Dep't 2009).published
    A conviction of endangering the welfare of a child requires proof that defendant “knowingly act[ed] in a manner likely to be injurious to the physical, mental or moral welfare of a child less than [17] years old” (Penal Law § 260.10 [1]),…
At page 870 first degree sexual abuse is not a lesser included offense of first degree sodomy because, unlike sexual abuse, it is “possible to commit the crime of sodomy without the actor having as a purpose the gratification of either party's sexual desire.2 citing cases1 citing court put it this way
  • People v. Scott, 12 A.D.3d 1144 (N.Y. App. Div. 4th Dep't 2004).published
    The counts are non-inclusory concurrent counts, and thus both charges and convictions can stand (see People v Santogual, 282 AD2d 625, 626 [2001], lv denied 96 NY2d 867 [2001]; cf. People v Ford, 76 NY2d 868, 870 [1990]; People v Wheeler,…
  • Knighton, No. 9:23-cv-01012 (N.D.N.Y. Aug. 20, 2026).
    (first degree sexual abuse is not a lesser included offense of first degree sodomy because, unlike sexual abuse, it is “possible to commit the crime of sodomy without the actor having as a purpose the gratification of ei…)
Other citing cases2 with no pin cite or quoted language on record
The People of the State of New York, Respondent,
v.
Victor C. Ford, Jr., Appellant
New York Court of Appeals.
Sep 11, 1990.
Published opinion
76 N.Y.2d 868
APPEARANCES OF COUNSEL, Frank J. Nebush, Jr., Public Defender (Esther Cohen Lee of counsel), for appellant., Barry M. Donalty, District Attorney (William M. Weber of counsel), for respondent.
Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa Concur.
Cited by 24 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Sexual abuse in the first degree (Penal Law § 130.65) is not a lesser included offense of first degree sodomy (Penal Law § 130.50), as it is not impossible to commit the latter crime without concomitantly, by the same conduct, committing the former (see, CPL 1.20 [37]; People v Glover, 57 NY2d 61). The crime of sexual abuse requires sexual contact (Penal Law § 130.65), defined as "any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party” (Penal Law § 130.00 [3]). It is possible to commit the crime of sodomy[*870] without the actor having as a purpose the gratification of either party’s sexual desire (see, People v Wheeler, 67 NY2d 960). The trial court thus was not required to submit these charges in the alternative, and the jury could properly convict the defendant of both crimes based on the same conduct (CPL 300.40 [3]).

Defendant’s remaining contention has not been preserved for our review.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.