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PEOPLE v. RICE

80 Misc.2d 511 (1975)

The People of the State of New York, Plaintiff, v. Michael Rice and Charles Mehr, Defendants.

District Court of Suffolk County.

January 20, 1975

Attorney(s) appearing for the Case

Henry Wenzel, District Attorney (C. Donald Schlimbaum and Philip Cardinale of counsel), for plaintiff. John Middlemiss, Paul Gianelli and Alan Azzaro for defendants.

GIOANNA I. LA CARRUBBA, J.

There are two separate criminal actions pending in which the same motion has been made to this court. We will treat them together.

Defendants have been charged with a violation of section 130.38 of the Penal Law, consensual sodomy. Both have moved to dismiss on the ground that this section is unconstitutional.

Section 130.38 of the Penal Law states: "A person is guilty...

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