The People v. Kamel
Claims of Lack of Criminal History, Depression Do Not Warrant Dismissal in Interest of Justice
June 13, 2017 at 12:00 AM
2 minute read
Judge Louis L. Nock
Kamel moved to dismiss the information charging him with forcible touching, among other things, arguing facial insufficiency. It was alleged an officer observed Kamel entered a subway car and pushed his groin against a woman's buttocks, repeatedly rubbing against her despite there being enough room behind him that he need not have been pressed against her. The court found the allegations of forcible touching the sexual or intimate parts of another were sufficient, and the lack of consent was reasonably inferred by the claim the alleged victim moved away from Kamel. Also, the allegations sufficed to demonstrate the acts were committed for the purpose of gratifying Kamel's sexual desire, and despite having adequate space behind him to not have been pressed up against the victim supported an inference Kamel's actions served no legitimate purpose. Thus, the information set forth factual allegations alleging each element of the crime of forcible touching by Kamel. Defense argued dismissing al in the interest of justice was warranted as it was Kamel's first contact with the criminal justice system and the case has caused him depression. Yet, the claims of lack of criminal history and depression did not warrant dismissal given the serious nature of the crimes, and dismissal was denied.
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