Batavia police said Suzanne Corona, 41, was caught in the midst of a tryst with Justin Amend, 29, on a picnic table in Farrall Park while children played not far away at about 5 p.m. Friday, the New York Daily News reported Wednesday.
Corona and Amend were charged with public lewdness, and police filed an additional charge of adultery against Corona once they discovered she was married.
Genesee County District Attorney Larry Friedman said adultery is rarely charged -- he said there was one other case in the city 13 years ago -- because "the law in New York state requires that there must be corroboration."
He said the number of witnesses gave police "no basis not the file the charge."
Corona refused to enter a plea Tuesday and said she plans to fight the charge on constitutional grounds.
The defendant allegedly told police at the time of her arrest that her husband is "transgender" and they "never had sex."
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