People v. Curcio

*277OPINION OF THE COURT

Eugene L. Nicandri, J.

Defendants are charged with rape in the first degree and sexual abuse in the first degree. The event in question is alleged to have happened after hours at the Casablanca restaurant in Gouverneur, New York, while the complaining witness was incapable of consent by reason of being physically helpless.

Five men were originally indicted and charged with a single count of rape in the first degree. A plea bargain was arranged, resulting in pleas in local court, followed by a dismissal of the pending County Court indictment. The Governor of this State…