NY · jury_instructions
CJI2d[NY] Penal Law § 165.25(2)
JOSTLING (Crowding While Another Places Hand in Proximity of Pocket or Handbag)
The (specify) count is Jostling.
Under our law, a person is guilty of Jostling when, in a public place, that person intentionally and unnecessarily jostles or crowds another person at a time when a third person’s hand is in the proximity of such person’s pocket [or handbag].
A person INTENTIONALLY jostles or crowds another person at a time when a third person's hand is in the proximity of such person's pocket [or handbag] when his or her conscious objective or purpose is to jostle or crowd another person at a time when a third person's hand is in the proximity of such person's pocket [or handbag].¹
In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following two elements:
1. That on or about (date) , in the county of (county) , in a
public place, the defendant, (defendant's name) , jostled or crowded (specify) at a time when a third person’s hand was in the proximity of (specify) 's pocket [or handbag]; and
2. That the defendant did so intentionally and unnecessarily.
If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.
History
Caption: JOSTLING (Crowding While Another Places Hand in Proximity of Pocket or Handbag) Penal Law § 165.25(2) (Committed on or after Sept. 1, 1967). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
46f399f7f2bed5e26ec3b42e5ff12945cdb3d2cb7db6ed93a9362f868cb589ef
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