State v. Magliocco, C.A. N3/98-0325a (1999)

DECISION

This matter is presently before the Court on Defendant's Motion to Dismiss the charge of Disorderly Conduct, to wit Indecent Exposure, in violation of (G.L. 1956 § 11-45-1.

It is alleged that on October 29, 1998 Ms. Colleen K. Smith called the Middletown police to report that a man had exposed its genitals to her on two separate occasions. The police observed a man fitting the description given by Ms. Smith jogging through the parking lot of a Middletown establishment and detained him for positive identification. The man that the police detained was the defendant and he was identified…