Does section 1108 of the New York State Code apply to sexual battery and assault with intent to commit sexual battery?

Under the authorities discussed above, section 1108 plainly applies in the present case. Defendant's prior acts of indecent exposure (Pen. Code, 314) and the charged acts of sexual battery and assault with intent to commit sexual battery (id., 243.4, subd. (e)(1), and 220, subd. (b)) are within the express language of the statute. They thus were presumptively probative. Moreover, the prior and charged crimes had important similarities, in that both the priors and the offense charged here involved defendant obtaining sexual gratification by forcing himself sexually on women without their consent. Thus, although the specific manner in which defendant forced himself on his victims differed, in all three cases he apparently derived some sexual satisfaction from his victims' unwilling participation. The trial court did not err in finding defendant's prior sexual offenses relevant and probative.

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2. People v. Earle Does Not Compel a Different Result