People v. Mildwoff

49 A.D.2d 521, 373 N.Y.S.2d 849, 1975 N.Y. App. Div. LEXIS 10365

Opinion

Judgment, Supreme Court, New York County, rendered on January 9, 1975, affirmed. Concur—Lupiano, Lane and Nunez, JJ.; Markewich, J. P., and Capozzoli, J., dissent in the following memorandum by Markewich, J. P.:—There is no doubt whatever that defendant-appellant requires psychiatric treatment. The bizarre nature of the sexual indignities visited upon his victim should point to such a conclusion. Moreover, at sentence, the court recognized the need in so many words. And yet there was no referral for a psychiatric evaluation. This seems to me to have been an abuse of discretion so grave as to be a matter of law. I would vacate the sentence and remand for resentence after consideration of an appropriate report.