PEOPLE v. RICE


87 Misc.2d 257 (1976)

The People of the State of New York, Appellant, v. Michael Rice and Charles Mehr, Respondents.

Supreme Court, Appellate Term, Second Department.

March 4, 1976 and March 5, 1976


Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney (Kevin J. Crowley of counsel), for appellant. Alan J. Azzara, Marilyn G. Haft, Melvin L. Wulf and E. Carrington Boggan for Charles Mehr, respondent. John F. Middlemiss, Jr., Leon J. Kesner and Anna M. Perry for Michael Rice, respondent.

Concur: GLICKMAN, P. J., PITTONI and GAGLIARDI, JJ.


MEMORANDUM.

Order is unanimously reversed on the law, motion to dismiss denied, and matter remitted to the court below for appropriate proceedings.

Defendant was charged with consensual sodomy (Penal Law, § 130.38). He contended below that the consensual sodomy statute as defined by subdivision 2 of section 130.00 of the Penal Law was unconstitutional in that it denied him equal protection of the law in that...

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