Legal Opinion
People v. Whidden
New York Court of Appeals
Decided December 18, 1980PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The defendant pleaded guilty to two counts of rape in the third degree (Penal Law, § 130.25) in full satisfaction of a seven-count indictment. Prior to his plea he reserved his right, on this appeal, to challenge the constitutionality of the so-called statutory rape laws claiming them to be gender based and violative of equal protection in that they unlawfully discriminate against males.
There is no dispute as to the underlying facts and the language of the statute being challenged is clear. Section 130.30 of the Penal Law provides that “[a] male is guilty of…
2Cases cited8 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- McGowan v. MarylandSupreme Court of the United States · 1961
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Craig v. BorenSupreme Court of the United States · 1976
- Schlesinger v. BallardSupreme Court of the United States · 1975
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Michael M. v. Superior Court of Sonoma CountySupreme Court of the United States · 1981
- Board of Education v. NyquistNew York Court of Appeals · 1982
- People v. LibertaNew York Court of Appeals · 1984
- People v. LeeNew York Court of Appeals · 1983
- Crosby v. WORKERS'COMP.New York Court of Appeals · 1982
41 more not listed; retrieve them via the Exa API.