PEOPLE v. DAVOLI


95 Misc.2d 402 (1978)

The People of the State of New York, Plaintiff, v. Phillip Davoli, Defendant.

County Court, Onondaga County.

July 25, 1978


Attorney(s) appearing for the Case

Langan, Grossman, Kinney & Dwyer (Richard D. Grossman of counsel), for defendant. Richard A. Hennessy, Jr., District Attorney (John A. Cirando of counsel), for plaintiff.


PATRICK J. CUNNINGHAM, J.

Defendant moves to dismiss those counts of the indictment herein charging rape in the first degree, attempted rape in the first degree, rape in the third degree, and sexual misconduct, on the ground that the statutes defining such offenses violate defendant's Fourteenth Amendment rights.

In support of his motion, defendant relies upon the United States Supreme Court's recent...

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