People v. Reese

Defendant was charged with violating section 43 of the Penal Law. The substance of the short-form information alleges that defendant used a vulgar expression in talking to a 17-year-old boy; that these words were spoken in the presence of a girl of the same age, and that defendant also told the boy ‘ ‘ lay her as there are precautions you can take, ’ ’ and “ go to bed together because there are precautions ’ ’.

At the close of the People’s case, the defendant has moved to dismiss.

The words which formed the nub of the charge were spoken during an extended conference in a kitchen located on the…