People v. R.G. ''Anonymous''

In People v. R.G. "Anonymous" (NYLJ, Feb. 17, 1998, at 31, col 2 [Nassau Dist Ct, Jaffe, J.]), a judge denied a defendant's motion to dismiss, inter alia, charges of sexual abuse in the third degree, in the interests of justice. Judge Jaffe, in R.G. "Anonymous," held (at 31, col 3): "The defendant argues that the circumstances . . . can easily be viewed as . . . miscommunication and not criminal misconduct. However, in many cases of sexual abuse, conduct can be viewed in drastically different ways, depending on whether the view is that of the defendant or that of the complainant. It is not for the court, on a motion to dismiss in the interests of justice to make a determination which view is correct; that is something for the trier of fact after hearing all of the evidence presented . . . ."