PEOPLE v. SCHMIDT

110781.

175 A.D.3d 754 (2019)

106 N.Y.S.3d 429

2019 NY Slip Op 06026

The People of the State of New York, Respondent, v. Mark Schmidt, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 1, 2019.


Defendant was indicted and charged with one count of attempted rape in the second degree and one count of attempted criminal sexual act in the second degree. The charges stemmed from an incident wherein defendant responded to a Craigslist advertisement for a "threesome"; during the email exchanges that followed, defendant, then 68 years old, discussed having sexual intercourse and oral sex with a female who he believed to be 14 years old. Although defendant thought that he...

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