PEOPLE v. SMITH


13 A.D.2d 851 (1961)

The People of the State of New York, Respondent, v. Fred Smith, Appellant

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

May 9, 1961


Appellant contends that he plead guilty on December 20, 1950 to an indictment charging him with the crime of rape in the second degree in violation of section 2010 of the Penal Law which failed to allege that he was "of the age of twenty-one years or over". By chapter 525 of the Laws of 1950 section 2010 was amended to make that fact an essential element of the crime of rape in the second degree and to provide that otherwise it would be a misdemeanor. His papers set forth...

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