- Court
- New York Supreme Court, Appellate Division, First Department
- Case
- People v. Macias
- Date
- June 2, 2026
- Slip Op. No.
- 2026 NY Slip Op 03396
Background
Defendant Christopher Macias was convicted after a jury trial of predatory sexual assault (two counts), rape in the first degree (three counts), and criminal sexual act in the first degree. The charges involved two separate victims. As to the first victim, the jury convicted Macias of first-degree rape and first-degree criminal sexual act. As to the second victim, the jury convicted him of two counts of predatory sexual assault and two counts of first-degree rape. Macias was sentenced to concurrent terms of eighteen years to life on each predatory sexual assault count and fifteen years on each remaining count. On appeal, the People conceded that two of the first-degree rape convictions involving the second victim should be vacated as lesser included offenses of the predatory sexual assault counts.
Holding
The Appellate Division unanimously modified the judgment by vacating the convictions on two counts of first-degree rape (counts 3 and 4 of the indictment) and dismissing those counts, and otherwise affirmed. The Court agreed with the People’s concession that first-degree rape was a lesser included offense of predatory sexual assault as charged in this case under Penal Law section 130.95(2). However, the Court held that the first-degree rape and first-degree criminal sexual act convictions involving the first victim were not lesser included offenses. The jury instructions permitted conviction of predatory sexual assault if the jury found that Macias committed either first-degree rape or first-degree criminal sexual act against the first victim. Because it was possible to commit predatory sexual assault against the second victim without having committed rape or criminal sexual act against the first victim individually (provided the jury found at least one of those crimes was committed), neither was a lesser included offense of the predatory sexual assault counts.
Takeaways
When predatory sexual assault is charged under Penal Law section 130.95(2), which requires proof that the defendant committed a specified sex crime against more than one victim, the underlying sex crime charged against the same victim as the predatory assault is a lesser included offense that must be vacated. However, the sex crimes charged against the other victim are not lesser included offenses because it is theoretically possible to commit predatory sexual assault without having committed any particular individual crime against that victim, as long as the jury found at least one qualifying crime was committed against each victim. This distinction has significant sentencing implications, as the lesser included offense convictions must be dismissed while the remaining convictions stand.
Why It Matters
This decision provides important guidance on the lesser included offense analysis in predatory sexual assault cases involving multiple victims. Prosecutors should anticipate that convictions for the underlying predicate offense against the same victim as the predatory sexual assault count will be vacated as lesser included offenses, and should structure their indictments and sentencing recommendations accordingly. Defense attorneys should carefully examine the relationship between predatory sexual assault counts and the underlying sex offense counts to identify and preserve lesser included offense arguments on appeal, as the vacatur of such counts may affect the aggregate sentence even when concurrent terms are imposed.