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PEOPLE v. WHIDDEN

51 N.Y.2d 457 (1980)

The People of the State of New York, Respondent, v. Bertie Otis Whidden, Jr., Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1980.

Attorney(s) appearing for the Case

John S. Hall for appellant.

Thomas E. Mercure, District Attorney (Gordon M. Hemmett, Jr., of counsel), for respondent.

Robert Abrams, Attorney-General (Peter J. Dooley and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES concur with Judge WACHTLER; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

WACHTLER, J.

The defendant pleaded guilty to two counts of rape in the third degree (Penal Law, § 130.25) in full satisfaction of a seven-count indictment. Prior to his plea he reserved his right, on this appeal, to challenge the constitutionality of the so-called statutory rape laws claiming them to be gender based and violative of equal protection in that they unlawfully discriminate against males.

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