804 A.2d 617 (2002)

354 N.J. Super. 97

The STATE of New Jersey, Plaintiff, v. Michael L. BURKE, Defendant.

Superior Court of New Jersey, Law Division.

April 4, 2002.

Attorney(s) appearing for the Case

Boris Moczula, Special Deputy Attorney General in Charge, Acting Passaic County Prosecutor, for plaintiff (Michael J. DeMarco, Special Deputy Attorney General, Acting Senior Assistant Prosecutor, appearing).

Miles R. Feinstein, Clifton, for defendant.


Over the 1999 Labor Day weekend, defendant was a guest at a small unsupervised house party. There he met K.T., a young woman approximately two months shy of her seventeenth birthday. By the time the evening was over, defendant and K.T. had engaged in sexual intercourse. The State contends that K.T. lacked the capacity to consent to the act because of voluntary intoxication. Alternatively, the State asserts that even if K.T. was not incapacitated...

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