People ex rel. Wilkerson v. McMann

26 A.D.2d 982, 275 N.Y.S.2d 1023, 1966 N.Y. App. Div. LEXIS 2994

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 29, 1966
• Status: Published

Opinion

Memorandum by the Court. No act constituting carnal abuse within the judicial definition of that term (People v. Belcher, 299 N. Y. 321) was specified in any of the three charges of which defendant was convicted, nor was such an act an essential ingredient of either of them; and, in consequence, no presentence psychiatric examination was required (Penal Law, §§ 2189-a, 1944-a). Judgment affirmed, without costs. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur; Aulisi, J., not voting.