People v. Chandler
| Decision Date | 06 December 1984 |
| Citation | 484 N.Y.S.2d 142,106 A.D.2d 677 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Chester Melvin CHANDLER, Jr., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Thomas J. Fox, Jr., Public Defender, Binghamton (Kathleen A. Coyne, of counsel), for appellant.
Patrick H. Mathews, Dist. Atty., Binghamton, for respondent.
Before KANE, J.P., and CASEY, WEISS, YESAWICH and LEVINE, JJ.
Appeal from a judgment of the County Court of Broome County, rendered September 8, 1981, upon a verdict convicting defendant of the crimes of murder in the second degree (four counts), attempted murder in the second degree, rape in the first degree, sodomy in the first degree (two counts), burglary in the first degree and attempted arson in the second degree.
On October 8, 1980, at about 4:00 A.M., defendant, in disregard of an order of protection and armed with a .38 calibre revolver and a knife, broke into and entered the home of his former wife from whom he had been divorced for almost two years. Upon entry, defendant first approached his ex-wife's bedroom where he forcibly and repeatedly stabbed her, attempted to strangle her, gagged her, bound her hands, raped her and sodomized her both anally and orally. When the disturbance awoke the two children, Bonnie (age 5) and Mark (age 10), and caused them to come to their mother's bedroom, defendant took each child back to their separate bedrooms and, despite their cries for mercy, stabbed each of them to death. Subsequently, he returned to the ex-wife's bedroom where, apparently believing her also to be dead, he started a fire at the foot of her bed and left the premises. The ex-wife, severely wounded and still tied and gagged, dragged herself downstairs, out of the cellar door and crawled to the home of a neighbor for help.
After trial, defendant was convicted of the intentional and felony murder (both in the second degree) of his daughter. He was further convicted of the intentional and felony murder (also in the second degree) of his son. As to the crimes committed against his ex-wife, defendant was convicted of burglary in the first degree, attempted murder in the second degree, rape in the first degree, sodomy in the first degree (two counts), and attempted arson in the second degree. For the purpose of sentencing, the trial court divided the crimes as to victims and imposed concurrent sentences of 25 years to life for each of the crimes committed on...
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