Legal Opinion
People v. Rice
Suffolk County District Court
Decided January 20, 1975PublishedCited by 5 opinions
1Opinion of the CourtGioanna I. La Carrubba, J.
There are two separate criminal actions pending in which the same motion has been made to this court. We will treat them together.
' Defendants have been charged with a violation of section 130.38 of the Penal Law, consensual sodomy. Both have moved to dismiss on the ground that this section is unconstitutional:
'Section 130.38 of the Penal Law states: >“ A person is guilty of consensual sodomy when he engages in deviate, sexual intercourse with another person.”
Deviate sexual intercourse as 'defined by subdivision 2 of section Í30.00 of the Penal Law means: ‘ ‘ sexual conduct -between persons…
2Cases cited7 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Eisenstadt v. BairdSupreme Court of the United States · 1972
- United States v. RainesSupreme Court of the United States · 1960
- United States v. BrewerDistrict Court, M.D. Pennsylvania · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Jane B.New York Supreme Court · 1976
- State v. CallawayCourt of Appeals of Arizona · 1976
- In re P.New York Family Court · 1977
- People v. RiceAppellate Terms of the Supreme Court of New York · 1976
- State v. CallawayCourt of Appeals of Arizona · 1976