People v. Gatti

Appellate Division of the Supreme Court of New York

People v. Gatti

41 A.D.2d 593, 340 N.Y.S.2d 412, 1973 N.Y. App. Div. LEXIS 5305

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 18, 1973

StatusPublished

This text of 41 A.D.2d 593 (People v. Gatti) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gatti, 41 A.D.2d 593, 340 N.Y.S.2d 412, 1973 N.Y. App. Div. LEXIS 5305 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The record clearly supports the jury’s verdict of defendant’s guilt of arson of a motel — a very serious offense. The probation report shows that this was not defendant’s first experience with arson. A psychologist reported that defendant is in need of long-term psychotherapy but that his family cannot afford such treatment and the public clinics are so overcrowded as to be virtually unavailable to defendant. It is clear that the public needs protection from defendant; and since the court had no choice of place for his confinement, it sentenced him to prison for fifteen years without fixing a minimum term. This places the determination of the minimum term upon the parole board. We regret that adequate psychotherapy treatment under protective conditions is not available for defendant; but until it is we find no alternative to the sentence imposed. The parole board will be able to release defendant when in their opinion that can be done with safety. (Appeal from judgment of Brie County Court, convicting defendant of arson second degree.) Present — Goldman, P. J., Witmer, Moule, Cardamone and Henry, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: The record clearly supports the jury’s verdict of defendant’s guilt of arson of a motel — a very serious offense. The probation report shows that this was not defendant’s first experience with arson. A psychologist reported that defendant is in need of long-term psychotherapy but that his family cannot afford such treatment and the public clinics are so overcrowded as to be virtually unavailable to defendant. It is clear that the public needs protection from defendant; and since the court had no choice of place for his confinement, it sentenced him to prison for fifteen years without fixing a minimum term. This places the determination of the minimum term upon the parole board. We regret that adequate psychotherapy treatment under protective conditions is not available for defendant; but until it is we find no alternative to the sentence imposed. The parole board will be able to release defendant when in their opinion that can be done with safety. (Appeal from judgment of Brie County Court, convicting defendant of arson second degree.) Present — Goldman, P. J., Witmer, Moule, Cardamone and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

41 A.D.2d 593, 340 N.Y.S.2d 412, 1973 N.Y. App. Div. LEXIS 5305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gatti-nyappdiv-1973.