People ex rel. Bornstein v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. Bornstein v. La Vallee

51 A.D.2d 1073, 381 N.Y.S.2d 131, 1976 N.Y. App. Div. LEXIS 11910

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1976·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the Supreme [1074] Court at Special Term, entered June 18, 1975 in Clinton County, which dismissed a writ of habeas corpus after a hearing. The petitioner pleaded guilty in Washington County to seven counts of the crime of sodomy. Thereafter, he appealed to this court which affirmed the judgment of conviction (42 AD2d 926). On this appeal it is contended that the indictment failed to allege a crime. Special Term found that the indictment fairly apprised the petitioner of his wrongful act by setting forth each element of the crime charged. Judgment affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

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Appeal from a judgment of the Supreme [1074] Court at Special Term, entered June 18, 1975 in Clinton County, which dismissed a writ of habeas corpus after a hearing. The petitioner pleaded guilty in Washington County to seven counts of the crime of sodomy. Thereafter, he appealed to this court which affirmed the judgment of conviction (42 AD2d 926). On this appeal it is contended that the indictment failed to allege a crime. Special Term found that the indictment fairly apprised the petitioner of his wrongful act by setting forth each element of the crime charged. Judgment affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

People ex rel. Bornstein v. La Vallee, 51 A.D.2d 1073, 381 N.Y.S.2d 131, 1976 N.Y. App. Div. LEXIS 11910 (N.Y. Ct. App. 1976).

Pincite

51 A.D.2d 1073 (People ex rel. Bornstein v. La Vallee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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