Liberta v. Kelly

CURTIN, Chief Judge.

The petitioner was convicted of forcible sodomy and rape of his estranged wife, Denise Liberta, in the presence of their two-year-old son while they were living apart under a “Temporary Order of Protection.” 1 On appeal, this conviction was affirmed by both the Appellate Division, Fourth Department, People v. Liberta, 100 A.D.2d 741, 473 N.Y.S.2d 636 (4th Dept. 1984), and the New York Court of Appeals, People v. Liberta, 64 N.Y.2d 152, 485 N.Y.S.2d 207, 474 N.E.2d 567 (1984).

In its opinion, the New York Court of Appeals determined that a marital exemption under the rape…