Legal Opinion
People v. Weidiger
New York County Courts
Decided October 13, 1978PublishedCited by 3 opinions
1Opinion of the Court
*979OPINION OF THE COURT
John J. Walsh, J.
The defendant is presently under indictment for the offense of rape in the second degree, and endangering the welfare of a child. The alleged victim is an 11-year-old female.
MOTION TO DISMISS
The defendant moves to dismiss the indictment on the grounds that the statute is unconstitutional under the equal protection clause of the Fourteenth Amendment and section 11 of article I of the New York State Constitution.
Rape in the second degree (Penal Law, § 130.30) is defined as follows: "A male is guilty of rape in the second degree when, being eighteen years old…
2Cases cited8 opinions
- Carey v. Population Services InternationalSupreme Court of the United States · 1977
- Kahn v. ShevinSupreme Court of the United States · 1974
- People v. Reilly, New York County Courts1976
- Flores v. StateWisconsin Supreme Court · 1975
- State v. BrothersSuperior Court of Delaware · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. DozierAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Estate of JohnsonNew York Surrogate's Court · 1981
- People v. WhiddenAppellate Division of the Supreme Court of the State of New York · 1979