PEOPLE v. MORMILE


28 A.D.3d 333 (2006)

812 N.Y.S.2d 524

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND MORMILE, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 18, 2006.


As the result of an undercover operation involving the Internet, defendant was indicted for, and convicted of, attempting to have sex with a police officer who posed as a 13-year-old girl. It is not a legal impossibility for defendant to have committed the crime of attempted rape in the second degree (i.e., attempted statutory rape), even though, with regard to the age of the victim, the crime is one of strict liability pursuant to Penal Law § 15.20 (3). Engaging in...

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