PEOPLE v. ONOFRE


72 A.D.2d 268 (1980)

The People of the State of New York, Respondent, v. Ronald Onofre, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 24, 1980


Attorney(s) appearing for the Case

Bonnie Strunk and Lambda Legal Defense & Education Fund, Inc. (Margot Karle of counsel), for appellant.

Richard A. Hennessy, Jr., District Attorney (Gail Uebelhoer of counsel), for respondent.

William H. Gardner, amicus curiae.

CARDAMONE, SIMONS and WITMER, JJ., concur; DILLON, P. J., not participating.


DOERR, J.

Defendant was charged with the crime of consensual sodomy in violation of section 130.38 of the Penal Law.* He moved to dismiss the charge, alleging that the statute is unconstitutional on its face. After a careful review of the law on the subject, County Court denied the motion and defendant entered a plea of guilty to consensual sodomy in violation of the statute. It...

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