New York Court of Appeals March 22, 2012 (People v. Mack)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

During the morning rush hour on March 22, 2002, a teenage girl on her way to school got on a packed subway train in Manhattan. She stood just inside the train’s door as a tall and “very heavy” man “pushed himself in so [that] he was behind” her.