People v. McKinney

This case was tried without a jury. Defendant was charged in two separate counts with committing sodomy upon A, age 14, and B, age 16. He was also charged in a third count with a violation of section 483 of the Penal Law, impairing the morals of the younger complainant A.

With respect to all three crimes charged, the evidence establishes that the complainants not only consented to but actually solicited the acts. The complainants clearly would be accomplices in fact if under the controlling statutes (Penal Law, § 690, Sodomy; Penal Law, § 483, Impairing) they can be accomplices as a matter of…