Legal Opinion
People v. Reilly
New York County Courts
Decided January 15, 1976PublishedCited by 21 opinions
1Opinion of the CourtIsaac Rubin, J.
The defendant is charged in count 1 of the indictment with rape in the first degree, and in count 2, with sodomy in the first degree. He is also charged in two additional counts with burglary in the second degree, and petit larceny.
As a branch of his omnibus motion, he moves to dismiss the first and second counts, to wit, the charges of first degree rape and first degree sodomy, pursuant to the provisions of CPL 210.20, on the grounds that said counts are "defective” within the meaning of CPL 210.25 (subd 3) in that the statutes defining the offenses charged are unconstitutional.
The court…
2Cases cited45 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- McGowan v. MarylandSupreme Court of the United States · 1961
- Reed v. ReedSupreme Court of the United States · 1971
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Eisenstadt v. BairdSupreme Court of the United States · 1972
40 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. LibertaNew York Court of Appeals · 1984
- Smith v. StateCourt of Criminal Appeals of Alabama · 1981
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1979
- State v. RiveraHawaii Supreme Court · 1980
- People v. Gary M.New York Supreme Court · 1988
16 more not listed; retrieve them via the Exa API.