PEOPLE v. KATT


17 A.D.2d 856 (1962)

The People of the State of New York, Respondent, v. Herbert Katt, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 29, 1962


Judgment reversed on the law; information dismissed; defendant discharged; and bail exonerated. No questions of fact were considered.

In the information the defendant, a male adult, is charged with carnally knowing another male adult "by and with the mouth, under circumstances not amounting to Sodomy in the First Degree or Sodomy in the Second Degree." The defendant's conviction is based on proof showing that he was a voluntary pathic participant in an act of oral...

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