People v. Allen

Bergan, J. (dissenting in part).

In the cases of Allen and Echols the records indicate long sustained relationships with the women who were victims of the assaults as ''members of the same * * * household” (N. Y. Const., art. VI, § 13, subd. b; Family Ct. Act, § 812).

These situations established no marital or other legal family status for these men and women, but the continued stable relationships together made them “members” of the “same” household within the meaning of the Constitution and the statute. The language obviously embraces others than lawfully married people. (People v. James, 55…