Legal Opinion

People v. Todoro

New York Supreme Court

Decided July 15, 1916PublishedCited by 5 opinions

Nick Todoro was convicted of rape in the second degree, and moves for a certificate of reasonable doubt. Certificate granted.

1Opinion of the CourtRoss, J.

The defendant was convicted in the County Court of Oneida County of the crime of rape in the second degree, and was sentenced to state prison for not less_than 5 nor more than 10 years, being the maximum punishment authorized by statute.

Chapter 325 of the Laws of 1892 (Penal Law, § 2010) made the act of sexual intercourse by a person with a female not his wife under the age of 18 years, under circumstances not amounting to rape in the first degree, rape in the second degree. Before that time, such illicit sexual intercourse was not a crime, and was only actionable upon the basis of a fiction;…

2Cases cited7 opinions

  1. People v. . ThompsonNew York Court of Appeals · 1914
  2. People v. MilesAppellate Division of the Supreme Court of the State of New York · 1916
  3. People v. HummelNew York Supreme Court · 1906
  4. People v. MarksAppellate Division of the Supreme Court of the State of New York · 1911
  5. People v. MeadowsNew York Supreme Court · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. De Stefano, New York County Courts1983
  2. People v. KellyNew York Supreme Court · 1926
  3. People v. WagnerNew York Supreme Court · 1923
  4. People v. LammesAppellate Division of the Supreme Court of the State of New York · 1924
  5. People v. LammesAppellate Division of the Supreme Court of the State of New York · 1924

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API