Legal Opinion
People v. Liberta
New York Court of Appeals
Decided December 20, 1984PublishedCited by 99 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The defendant, while living apart from his wife pursuant to a Family Court order, forcibly raped and sodomized her in title presence of their 2% year old son. Under the New York Penal Law a married man ordinarily cannot be prosecuted for raping or sodomizing his wife. The defendant, however, though married at the time of the incident, is treated as an unmarried man under the Penal Law because of the Family Court order. On this appeal, he contends that because of the exemption for married men, the statutes for rape in the first degree (Penal Law, § 130.35) and…
2Cases cited42 opinions
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Craig v. BorenSupreme Court of the United States · 1976
- Linda R. S. v. Richard D.Supreme Court of the United States · 1973
- Reed v. ReedSupreme Court of the United States · 1971
- Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
37 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- People v. TaylorNew York Court of Appeals · 1990
- People v. HofsheierCalifornia Supreme Court · 2006
- Kopp v. Fair Political Practices CommissionCalifornia Supreme Court · 1995
- People v. DietzeNew York Court of Appeals · 1989
- State v. LimonSupreme Court of Kansas · 2005
94 more not listed; retrieve them via the Exa API.