People ex rel. Makin v. Walter

Goldman, J. (dissenting).

The construction of section 483-a of the Penal Law, only, is in issue on this appeal. Relator was indicted and pleaded guilty to a count of carnal abuse “of a child of the age of ten years ’ ’ in violation of that section. At the time of the alleged act the child was 10 years and 3% months old. We cannot agree that within the meaning of section 483-a a child is 10 years until he has reached his 11th birthday. Companion section 4834b has been amended five times. It is difficult to understand how these statutes could have received such periodic and repeated attention…