PEOPLE v. DOZIER


72 A.D.2d 478 (1980)

The People of the State of New York, Respondent, v. Wayne Dozier, Appellant

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

February 14, 1980


Attorney(s) appearing for the Case

Donald E. Gilbert for appellant.

Vida M. Alvy of counsel (Billie Manning with her on the brief; Mario Merola, District Attorney, attorney), for respondent.

MURPHY, P. J., BIRNS and SANDLER, JJ., concur with SULLIVAN, J.; KUPFERMAN, J., dissents in an opinion.


SULLIVAN, J.

Convicted, upon his plea of guilty, of rape in the third degree, in that being over the age of 21 years, he had sexual intercourse with a female less than 17 years of age (Penal Law, § 130.25, subd 2), defendant challenges New York's statutory rape law as violative of due process and equal protection. Specifically, defendant claims that the statute offends constitutional precepts because it...

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