PEOPLE v. MORALES


139 Misc.2d 200 (1988)

The People of the State of New York, Plaintiff, v. Raul Morales, Defendant.

Supreme Court, Bronx County.

March 31, 1988


Attorney(s) appearing for the Case

Michael Torres for defendant. Paul Gentile, District Attorney (Pamela Naughton of counsel), for plaintiff.


GERALD SHEINDLIN, J.

The defendant is on trial before a jury.

At the conclusion of the People's case the defendant moves for a trial order of dismissal of a three-count indictment, in particular, the second count, which accuses the defendant of the crime of rape in the first degree (Penal Law § 130.35 [2]), in that he did engage in sexual intercourse with the complainant, a female who was incapable...

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