People v. Dailey

OPINION OF THE COURT

Frederick D. Dugan, J.

Defendant is here indicted for sexual misconduct, the class A misdemeanor, in violation of section 130.20 of the Penal Law upon the allegation that on or about March 26, 1978 he engaged in sexual intercourse with a female without her consent.

No issue of the physical or mental condition or the capacity of the 18-year-old complainant is raised in reference to her alleged lack of consent.

Upon the argument of the defendant’s motion to dismiss the indictment, the prosecution with commendable candor indicates that the Grand Jury was charged by the District…