PEOPLE v. PRAINITO


97 Misc.2d 66 (1978)

The People of the State of New York, Plaintiff, v. Salvatore Prainito, Defendant.

Supreme Court, Criminal Term, Bronx County.

November 20, 1978


Attorney(s) appearing for the Case

Yannelli & Zevin (Marvin Zevin of counsel), for defendant. Mario Merola, District Attorney (Barry Weinstein of counsel), for plaintiff.


HOWARD E. GOLDFLUSS, J.

The defendant is charged in a two count indictment with rape in the third degree (Penal Law, § 130.25, subd 2) and endangering the welfare of a child (Penal Law, § 260.10). He moves herein to dismiss the indictment on the ground that both statutes defining the offenses, charged in the indictment, are unconstitutional on the ground that they deprive the defendant of equal protection...

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