People v. Lavopa

The defendant was indicted, charged with the crimes of rape in the second degree and assault in the second degree, arising out of an act of sexual intercourse had with the complainant, a seventeen-year-old female. The defendant moves for an order dismissing the indictment. It is alleged in the moving papers that the accusation arose from a situation wherein the police raided an apartment located in the Bronx in which they found the defendant, two other men and four women who were in various stages of undress; that the two men other than this defendant, were in possession of cameras which were…