Legal Opinion
People v. Rice
Appellate Terms of the Supreme Court of New York
Decided March 5, 1976PublishedCited by 4 opinions
1Opinion of the Court
Memorandum.
Order is unanimously reversed on the law, motion to dismiss denied, and matter remitted to the court below for appropriate proceedings.
Defendant was charged with consensual sodomy (Penal Law, § 130.38). He contended below that the consensual sodomy statute as defined by subdivision 2 of section 130.00 of the Penal Law was unconstitutional in that it denied him equal protection of the law in that it excepted persons married to each other from prosecution under this section. The lower court agreed with defendant’s contention (80 Misc 2d 511).
It is the opinion of this court that…
2Cases cited3 opinions
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Eisenstadt v. BairdSupreme Court of the United States · 1972
- People v. RiceSuffolk County District Court · 1975
3Cited by4 opinions
- People v. Fauntleroy, New York County Courts1978
- People v. Jose L.Criminal Court of the City of New York · 1979
- In re P.New York Family Court · 1977
- Kelly v. StateCourt of Special Appeals of Maryland · 1980