The defendant Merfert, a female, moves to dismiss an indictment in which she is charged with the crime of rape in the first degree in violation of subdivision 1 of section 130.35 of the Penal Law.
Merfert is indicted jointly with two males and bases her dismissal motion on the contention that, being a female, she is legally and factually incapable of committing rape. She further...
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