People v. Elhaddad (Ali) - Criminal Conviction Affirmation

New York Appellate Terms

Filed March 13th, 2026

Detected March 16th, 2026

Summary

The New York Appellate Term affirmed a conviction for third-degree sexual abuse against Ali Elhaddad. The court found the accusatory instrument to be jurisdictionally valid, establishing all elements of the offense and the defendant's commission thereof. The decision was rendered on March 13, 2026.

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What changed

The New York Appellate Term, First Department, affirmed the judgment of conviction for third-degree sexual abuse against Ali Elhaddad. The court determined that the accusatory instrument was jurisdictionally valid, meeting the standard for an information by providing nonhearsay allegations that, if true, establish every element of the charged offense and the defendant's commission of it. Specifically, the allegations that the defendant pushed his groin against a victim's buttocks on a subway and repeatedly rubbed against her, coupled with the victim's reaction of looking back and moving away, were sufficient to support the inference of lack of consent at the pleading stage.

This decision affirms a lower court's conviction and sentence. For legal professionals, this case reinforces the pleading standards for sexual abuse charges in New York, particularly concerning the demonstration of lack of consent through non-hearsay allegations. No new compliance actions are required for regulated entities, as this is an affirmation of a prior conviction.

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March 13, 2026 Get Citation Alerts Add Note

People v. Elhaddad (Ali)

Appellate Terms of the Supreme Court of New York

Citations: 2026 NY Slip Op 50305(U)
Docket Number: 570161/22
Precedential Status: Non-Precedential
Opinion
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Combined Opinion

People v Elhaddad (2026 NY Slip Op 50305(U))

Decided on March 13, 2026
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: James, P.J., Tisch, Perez, JJ.
570161/22

**The People of the State of New York, Respondent,

against

Ali Elhaddad, Defendant-Appellant.**

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Herbert J. Moses, J.), rendered November 16, 2021, after a nonjury trial, convicting him of sexual abuse in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Herbert J. Moses, J.), rendered November 16, 2021, affirmed.

The accusatory instrument charging third-degree sexual abuse (see Penal Law § 130.55), assessed under the standard applicable to an information (see People v Hatton, 26 NY3d 364, 368 [2015]), was jurisdictionally valid because it set forth "nonhearsay allegations which, if true, establish every element of the offense charged and the defendant's commission thereof" (People v Wheeler, 34 NY3d 1134, 1135 [2020] [internal quotation marks and citation omitted]). The lack of consent element of the offense (see Penal Law § 130.05 [2] [c]) was satisfied by allegations that defendant pushed his groin up against a woman's buttocks on a subway car and repeatedly rubbed against her, and that the victim "looked back at the defendant and moved away." At the pleading stage, these allegations support the inference that the victim did not acquiesce to defendant's actions (see Penal Law § 130.05 [2] [c][lack of consent results from "any circumstances ... in which the victim does not expressly or impliedly acquiesce in the actor's conduct"] ; People v Hatton, 26 NY3d at 370; People v Nobles, 57 Misc 3d 135[A], 2017 NY Slip Op 51267[U] [App Term, 1st Dept 2017]; People v White, 26 Misc 3d 129[A], 2010 NY Slip Op 50022[U] [App Term, 1st Dept 2010]).

We have considered defendant's remaining contentions, including the request that this court "reconsider" a now four year-old decision, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 13, 2026