Legal Opinion

People ex rel. Makin v. Walter

Appellate Division of the Supreme Court of the State of New York

Decided February 25, 1965PublishedCited by 14 opinions

1Opinion of the CourtBastow, J.

This appeal presents the question as to whether a person over 18 years of age who carnally abuses an infant of the age of 10 years (one who has reached the 10th birthday but has not reached the 11th birthday) is guilty of a felony (Penal Law, § 483-a) or a misdemeanor (Penal Law, § 483-b).

Chapter 383 of the Laws of 1927 inserted a new section 483-a in the Penal Law making such an act a felony if committed by a male person 18 years of age or over on “ a female child of the age of ten years or under ”. In 1929 section 483-b was inserted in the Penal Law (L. 1929, eh. 684). This made it a…

2Cases cited14 opinions

  1. People v. RyanNew York Court of Appeals · 1937
  2. In re the Accounting of Guaranty Trust Co.New York Court of Appeals · 1956
  3. Orinoco Realty Co. v. . BandlerNew York Court of Appeals · 1922
  4. People Ex Rel. Sheldon v. . Board of AppealsNew York Court of Appeals · 1923
  5. In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. CornettCalifornia Supreme Court · 2012
  2. State v. CarlsonNebraska Supreme Court · 1986
  3. State v. JoshuaSupreme Court of Arkansas · 1991
  4. State v. JordanSupreme Court of Rhode Island · 1987
  5. Carolina Freight Carriers Corp. v. KeaneCourt of Appeals of Maryland · 1988

9 more not listed; retrieve them via the Exa API.

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