Reasons for Recommendation of Dismissal

Supreme Court of the State of New York, Country of New York: Part 51 - The People of the State of New York: Central Clerk's Office, 22 août 2011, Friday, July 22, 2011

The prosecution has the burden at trial to prove the guilt of an accused beyond a reasonable doubt For a host of reasons, including those set forth below, the complainant's untruthfulness makes it impossible to credit her. Because we cannot credit the complainant's testimony beyond a reasonable doubt, we cannot ask a jury to do so. The remaining evidence is insufficient to satisfy the elements of the charged crimes. We are therefore required, as both a legal and ethical matter, to move for dismissal of the indictment.

  1. The Complainant's Testimony at Trial Cannot Be Relied Upon to Establish Proof Beyond A Reasonable Doubt
  2. The Physical and Other Evidence Does Not Establish Forcible Compulsion or Lack of Consent