People v. Melillo

I respectfully dissent from the majority's opinion. In my view, count three fails to charge a crime and thus fails to invoke jurisdiction. Hence, I would reverse the court of appeals on this issue. This resolution would dispose of this case. However, because the majority addresses the exclusion of evidence of the victim's prior sexual conduct, I also address this issue and respectfully disagree with the majority. On this matter, I conclude that the trial court committed reversible error by allowing the introduction into evidence of the damaging portion of the defendant's statement while…