Legal Opinion
People v. Smith
New York County Courts
Decided November 21, 1978PublishedCited by 10 opinions
1Opinion of the Court
*117OPINION OF THE COURT
Joseph Harris, J.
Defendant is charged with the crime of rape in the third degree in violation of subdivision 1 of section 130.25 of the Penal Law. Defendant moves to dismiss the indictment against him on the ground that said section violates his right to equal protection of the law guaranteed by the Fourteenth Amendment to the United States Constitution and section 11 of article I of the New York State Constitution.
Subdivision 1 of section 130.25 of the Penal Law states: "A male is guilty of rape in the third degree when: 1. He engages in sexual intercourse with a female…
2Cases cited29 opinions
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Craig v. BorenSupreme Court of the United States · 1976
- Loving v. VirginiaSupreme Court of the United States · 1967
- Dunn v. BlumsteinSupreme Court of the United States · 1972
- Reed v. ReedSupreme Court of the United States · 1971
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3Cited by10 opinions
- Pinnacle Nursing Home v. AxelrodCourt of Appeals for the Second Circuit · 1991
- Smith v. StateCourt of Criminal Appeals of Alabama · 1981
- People v. Gary M.New York Supreme Court · 1988
- People v. DozierAppellate Division of the Supreme Court of the State of New York · 1980
- People v. Robert Z., New York County Courts1986
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