Legal Opinion
People v. Uplinger
New York Court of Appeals
Decided February 23, 1983PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the County Court should be reversed and in each case the information should be dismissed.
The statute challenged on these appeals (Penal Law, § 240.35, subd 3), which prohibits loitering “in a public place for the purpose of engaging, or soliciting another person to engage, in deviate sexual intercourse or other sexual behavior of a deviate nature” must be viewed as a *938companion statute to the consensual sodomy statute (Penal Law, § 130.38) which criminalized acts of deviate sexual intercourse between consenting adults. We held in People v Onofre (51…
2Cases cited1 opinion
- People v. OnofreNew York Court of Appeals · 1980
3Cited by31 opinions
- Amore v. NovarroCourt of Appeals for the Second Circuit · 2010
- People v. LeeNew York Court of Appeals · 1983
- Casale v. KellyDistrict Court, S.D. New York · 2009
- New York v. UplingerSupreme Court of the United States · 1984
- Casale v. KellyDistrict Court, S.D. New York · 2010
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