People v. Copp

OPINION OF THE COURT

Melchor E. Castro, J.

The defendant is charged with the crime of sexual misconduct, second degree. In this motion, he challenges the facial sufficiency of the accusatory instrument. The question presented to the court is whether natural, uninduced sleep constitutes being in a physically helpless condition from which one may be deemed incapable of consenting to deviate sexual intercourse. The information alleges that the complainant was asleep in the defendant’s apartment, when he awoke to realize that the defendant had inserted his penis in the complainant’s anus.

To be…