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PEOPLE v. ALEXIS

14 Misc.3d 978 (2007)

828 N.Y.S.2d 793

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. TED ALEXIS, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL LOPEZ, Defendant.

Supreme Court, Kings County.

January 12, 2007.

Attorney(s) appearing for the Case

Legal Aid Society (Scott Rudnick of counsel), for Ted Alexis, defendant.

Harold Baker for Michael Lopez, defendant.

Charles J. Hynes, District Attorney (Dean Sovolos and Seth Goldman of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

The issue in these two unrelated cases is whether the "marital exception" element to sexual abuse in the third degree under Penal Law § 130.55 is constitutional. Defendants Alexis and Lopez, in two separate motions, move for an inspection of the grand jury minutes and for a dismissal of each indictment or a reduction of the charges on the ground of legal insufficiency...

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