Whether the Suzanne Corona case will lead to a constitutional challenge to New York's adultery law is not a given, according to her new attorney Brian P. Degnan.
After Corona appeared in Judge Michael Delplato's courtroom for the first time today after selecting Degnan to represent her (Degnan is the son-in-law of the original judge on the case, Robert Balbick), Degnan told reporters that he wants to examine a plea offer from the District Attorney's office and decide how to proceed from there.
"We have not reached a deposition in this case and I'm interested in whatever would enable my client to get the best disposition in her best interest at this time," Degnan said when asked whether he would persue a constitutional challenge to the adultery law.
He called the law bizarre and unusual, noting that it has been prosecuted only 13 times in New York since 1970.
Degnan would not discuss the specifics of the plea offer.
Even if the adultery charge were dropped, attorneys have told The Batavian on background that Corona, merely because she has been charged with the crime, could seek judicial review of the statute.
Today, in her second court appearance on the case, Cornona did not enter a plea to the adultery or public lewdness charges.
A hearing was set for Aug. 18, where Corona could either agree to any plea deal still on the table, or Degnan could begin filing pre-trial motions.
In court, Degnan said he may file a motion for the prosecution to produce any additional evidence it may not yet have turned over in the case. Degnan said the main issue is, he doesn't know whether there are recordings available of any 9-1-1 calls.
"I need to have all of the evidence before me so I can advise my client of the best avenue to take," Degnan later told reporters.
Corona, 41, is accused of engaging in a public sex act in Farrall Park in early June with Justin Amend, 29, of Oakfield.
Amend did not appear in court this morning, but his attorney did and said he's seeking a plea offer from the District Attorney's office.