Is a prior conviction of forcible touching a misdemeanor sex crime?

The court finds the case law cited by the defendant being distinguishable as the People v. Lancaster , 128 AD3d 786 [2nd Dept 2015] involved a proceeding in which the defendant's prior conviction of assault with the intent to commit rape by a military tribunal was improperly considered a sex offense for purposed of category 9 of the RAI. To his credit, the defendant cites to further case law wherein a prior out of state conviction qualified as a misdemeanor sex crime which provides insight as to the SORA process. However, the factual elements are inapplicable to this proceeding, but its holding leads to the court's conclusion that defendant's prior conviction of forcible touching is a misdemeanor sex crime. ( People v. Perez , 162 AD3d 1083 [2nd Dept 2018] )