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PEOPLE EX REL. MAKIN v. WILKINS

22 A.D.2d 497 (1965)

The People of the State of New York ex rel. John David Makin, Respondent, v. Walter H. Wilkins, as Warden of Attica State Prison, Appellant

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

February 25, 1965.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Anthony J. Lokot and Ruth Kessler Toch of counsel), for appellant.

John David Makin, respondent in person.

WILLIAMS, P. J., and HENRY, J., concur with BASTOW, J.; GOLDMAN, J., dissents and votes for affirmance in opinion, in which NOONAN, J., concurs.

BASTOW, J.

This appeal presents the question as to whether a person over 18 years of age who carnally abuses an infant of the age of 10 years (one who has reached the 10th birthday but has not reached the 11th birthday) is guilty of a felony (Penal Law, § 483-a) or a misdemeanor (Penal Law, § 483-b).

Chapter 383 of the Laws of 1927 inserted a new section 483-a in the Penal Law making such an act a felony if committed by a male person...

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