People v. Clark.

• Decision Date: 20 February 1979
• Citation: 67 A.D.2d 987,413 N.Y.S.2d 623
• Parties: The PEOPLE, etc., Respondent, v. Richard Allen CLARK, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 623

413 N.Y.S.2d 623

67 A.D.2d 987

The PEOPLE, etc., Respondent, v. Richard Allen CLARK, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

February 20, 1979

Howard Dean, Hartsdale (Arnold D. Cribari, Jr., Mount Vernon, of counsel), for appellant. John R. King, Dist. Atty., Poughkeepsie (Gerald V. Hayes, Asst. Dist. Atty., Poughkeepsie, of counsel), for respondent.

Appeal by defendant from a judgment of the County Court, Dutchess County (Rosenblatt, J.), rendered June 29, 1977, convicting him of sodomy in the first degree, upon a jury verdict, and sentencing him to an indeterminate prison term of from 5 to 20 years. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to an indeterminate term of imprisonment of from 0 to 15 years. As so modified, judgment affirmed. The sentence was excessive to the extent indicated.

TITONE, J. P., and SUOZZI, O'CONNOR and LAZER, JJ., concur.