Legal Opinion
People v. Gonzales
New York County Courts
Decided October 9, 1990PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
John R. LaCava, J.
This is a motion for declaratory judgment brought by defendant subsequent to the commencement of trial. Herein he seeks to have paragraph (a) of subdivision (3) of section 130.05 of the Penal Law declared unconstitutional pursuant to the US and NY Constitutions.
Among other offenses in this 49-count indictment, defendant is charged with 34 counts of sodomy in the third degree in violation of Penal Law § 130.40 (2) and two counts of rape in the third degree in violation of Penal Law § 130.25 (2). They are otherwise known as the statutory sodomy and…
2Cases cited14 opinions
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- New York v. FerberSupreme Court of the United States · 1982
- Prince v. MassachusettsSupreme Court of the United States · 1944
- Eisenstadt v. BairdSupreme Court of the United States · 1972
- Ginsberg v. New YorkSupreme Court of the United States · 1968
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Owens v. StateCourt of Appeals of Maryland · 1999
- People v. AmadeoNew York Supreme Court · 2001
- People v. MarteAppellate Division of the Supreme Court of the State of New York · 2021
- People v. MarteAppellate Division of the Supreme Court of the State of New York · 2021
- Owens v. StateCourt of Appeals of Maryland · 1999
1 more not listed; retrieve them via the Exa API.