PEOPLE v. KITTLES


102 Misc.2d 224 (1979)

The People of the State of New York, Plaintiff, v. Michael Kittles, Defendant.

County Court, Suffolk County.

June 1, 1979.


Attorney(s) appearing for the Case

John F. Middlemiss, Jr., and Edward J. Vitale for defendant. Patrick Henry, District Attorney (Dennis Sweeny of counsel), for plaintiff.


JOHN V. VAUGHN, J.

Defendant moves to dismiss this indictment containing three counts of sexual abuse, first degree, and one count of attempted sexual abuse in the first degree, upon the ground that the acts alleged therein do not constitute a crime.

The only facts alleged to support Counts Nos. 1 and 2 of the indictment are that the defendant on two occasions kissed the victim against her will and...

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