People v. Prainito

OPINION OF THE COURT

Howard E. Goldfluss, J.

The defendant is charged in a two count indictment with rape in the third degree (Penal Law, § 130.25, subd 2) and endangering the welfare of a child (Penal Law, § 260.10). He moves herein to dismiss the indictment on the ground that both statutes defining the offenses, charged in the indictment, are unconstitutional on the ground that they deprive the defendant of equal protection of the law.

Rape in the third degree, as applied to the instant case, provides that a male 21 years of age or older is guilty when he engages in sexual intercourse with a…