People v. Liberta

Judgment unanimously affirmed. Memorandum: The defendant appeals from a judgment of conviction of rape in the first degree and sodomy in the first degree committed against his wife. At the time of rape and sodomy, the defendant and wife were living apart after a “Temporary Order of Protection” had been granted by Family Court. This court has previously determined that the wife falls under the category of “female” in the statute defining sex offenses (Penal Law, § 130.00, subd 4, as amd L 1978, ch 735; People v Liberta, 90 AD2d 681). Although the statute is gender based, the lower courts in…