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THE PEOPLE, res, v. LUIS CHANG-CORREA, def-app

14-154. THE PEOPLE, res, v. LUIS CHANG-CORREA, def-app — Judgment of conviction (Anthony J. Ferrara, J.), rendered August 6, 2013, affirmed.

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14-154. THE PEOPLE, res, v. LUIS CHANG-CORREA, def-app — Judgment of conviction (Anthony J. Ferrara, J.), rendered August 6, 2013, affirmed.

We find unavailing defendant’s challenge to the facial sufficiency of the accusatory instrument charging public lewdness (see Penal Law §245.00). The information, comprising the misdemeanor complaint and the supporting deposition of the arresting officer alleged, inter alia, that defendant was observed at a specified McDonald’s restaurant “fondling his [clothed] penis through his pocket with his hand, which was in his pocket, and rubbing his penis against the buttocks of [the female victim]…, while wearing sweatpants and while [the victim] was in line…and facing away from the defendant,” and that the arresting officer further observed defendant “slowly move closer to [the victim] from behind until his groin was against her and then rub his groin against her from behind while she was facing forward.” These factual allegations, “given a fair and not overly restrictive or technical reading” (People v. Casey, 95 NY2d 354, 360 [2000]), are sufficient for pleading purposes to establish reasonable cause to believe and a prima facie case that defendant engaged in the type of conduct proscribed by Penal Law §245.00(a), i.e., a “lewd act in a public place.” Contrary to defendant’s interpretation of Penal Law §245.00, we do not read the statute as being limited to acts of exposure (see Matter of Paul R., 131 AD2d 764 [1987]; People v. Darryl M., 123 Misc 2d 723, 725 [Crim Ct NY County 1984]) or requiring that the “genitalia be uncovered” (People v. Horner, 300 AD2d 841, 843 [2002]).

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