PEOPLE v. MITCHELL S.


151 Misc.2d 208 (1991)

The People of the State of New York, Plaintiff, v. Mitchell S., Defendant.

Criminal Court of the City of New York, Kings County.

June 10, 1991


Attorney(s) appearing for the Case

Elyse Bohm for defendant. Charles J. Hynes, District Attorney (Robert Freedman of counsel), for plaintiff.


JOSEPH SILVERMAN, J.

Where a defendant is charged with sexual misconduct in that he had sexual intercourse with a female under the age of 17 without her consent, does the prosecution have to allege in the information whether the lack of consent is based upon forcible compulsion and/or incapacity of the complainant to consent?

This issue presented itself at the conclusion of the bench trial conducted...

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