People v. Winkler

• Citation: 161 A.D.2d 743,558 N.Y.S.2d 847
• Parties: The PEOPLE, etc., Respondent, v. Robert WINKLER, Appellant.
• Decision Date: 21 May 1990
• Court: New York Supreme Court Appellate Division

Page 847

558 N.Y.S.2d 847

161 A.D.2d 743

The PEOPLE, etc., Respondent, v. Robert WINKLER, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

May 21, 1990

Jeff Bernstein (Howard M. Simms, Bayside, of counsel), for appellant. Carl A. Vergari, Dist. Atty. (Susan M. Cacace and Joseph M. Latino, White Plains, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered May 8, 1989, convicting him of sexual abuse in the first degree (twelve counts) and endangering the welfare of a child, upon a jury verdict, and imposing sentence. ORDERED that the judgment is modified, on the law, by vacating the conviction of sexual abuse in the first degree under the eleventh and twelfth counts of the indictment, by vacating the sentence imposed thereon and dismissing those counts of the indictment; as so modified, the judgment is affirmed. The defendant's pretrial motion to dismiss should have been granted with respect to the eleventh and twelfth counts of the indictment. Those two counts "span periods of time extending for 10 * * * months, [a] period * * * so excessive on [its] face that [it is] unreasonable" (People v. Keindl, 68 N.Y.2d 410, 419, 509 N.Y.S.2d 790, 502 N.E.2d 577; see also, People v. Beauchamp, 74 N.Y.2d 639, 541 N.Y.S.2d 977, 539 N.E.2d 1105; People v. Morris, 61 N.Y.2d 290, 473 N.Y.S.2d 769, 461 N.E.2d 1256). We have examined the defendant's remaining contentions and find them to be without merit.

THOMPSON, J.P., and BRACKEN, SULLIVAN and BALLETTA, JJ., concur.