People v. Alexis

OPINION OF THE COURT

John M. Leventhal, J.

The issue in these two unrelated cases is whether the “marital exception” element to sexual abuse in the third degree under *979Penal Law § 130.55 is constitutional. Defendants Alexis and Lopez, in two separate motions, move for an inspection of the grand jury minutes and for a dismissal of each indictment or a reduction of the charges on the ground of legal insufficiency of the evidence adduced before the respective grand juries. For the reasons that follow, the court holds that the marital exception is unconstitutional and, therefore, both defendants’…