New York v. Onofre

People v. Onofre
CourtNew York Court of Appeals
Full case name The People of the State of New York, Appellant, v. Ronald Onofre, Respondent. The People of the State of New York, Respondent, v. Conde J. Peoples III, and Philip S. Goss, Appellants. The People of the State of New York, Respondent, v. Mary Sweat, Appellant.
DecidedDecember 18, 1980 (1980-12-18)
Citations415 N.E.2d 936; 51 N.Y.2d 476; 434 N.Y.S.2d 947
Case history
Appealed fromErie County Court; Appellate Division of the Supreme Court
Court membership
Judges sittingLawrence H. Cooke, Matthew J. Jasen, Domenick L. Gabrielli, Hugh R. Jones, Sol Wachtler, Jacob D. Fuchsberg, Bernard S. Meyer
Case opinions
Decision byJones, Wachtler, Fuschberg, Meyer
ConcurrenceJasen
DissentGabrielli, Cooke
Keywords

The People v. Ronald Onofre, 51 N.Y.2d 476, 415 N.E.2d 936, 434 N.Y.S.2d 947 (1980), was an appeal against New York's sodomy laws, decided in the New York Court of Appeals.

The appeal consisted of several cases consolidated into one. The appellants were challenging the constitutionality of a 1965 law, New York Penal Law § 130.38, which made it a misdemeanor to engage in "deviate sexual intercourse" (defined to include anal and oral but not vaginal sex) with another person.