People v. Hough

OPINION OF THE COURT

John Michael Galasso, J.

Defendant moves for an order dismissing the information pursuant to CPL 100.40 (1) (b), (c); 170.30 (1) (a), (f), (g) and 170.35.

Defendant was charged with sexual misconduct in violation of Penal Law § 130.20 (1) which provides:

"A person is guilty of sexual misconduct when:

*998"1. Being a male, he engages in sexual intercourse with a female without her consent.”

The information states that the defendant, the twin brother of complainant’s boyfriend, deceived the complainant into having sexual intercourse with him without her consent.

The relevant facts…