People v. Mosher

Appellate Division of the Supreme Court of New York

People v. Mosher

23 A.D.2d 814, 258 N.Y.S.2d 241, 1965 N.Y. App. Div. LEXIS 4497

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

DecidedApril 8, 1965

StatusPublished

This text of 23 A.D.2d 814 (People v. Mosher) 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. Mosher, 23 A.D.2d 814, 258 N.Y.S.2d 241, 1965 N.Y. App. Div. LEXIS 4497 (N.Y. Ct. App. 1965).

Pincite

Opinion

Judgment insofar as it imposes sentence upon defendant, unanimously reversed, sentence vacated, and matter remitted to Oneida County Court for proceedings on resentence in accordance with the memorandum. [815]*815Memorandum: The defendant was convicted of violation of section 690 of the Penal Law, sodomy, first degree. He was sentenced to an indeterminate term of one day to life, under section 2189-a of the Penal Law. Ordinarily the choice as to probation, a definite sentence, or the alternative treatment, pursuant to section 2189-a would be a matter for the sound discretion of the sentencing Judge. (People v. Rhodes, 15 N Y 2d 729.) However, in the present case, considering the probation report, the medical reports, and the various other matters that were before the sentencing Judge, it appears that the sentence of one day to life was not appropriate. Upon a resentenee with the aid of an additional and current psychiatric report, a sentence appropriate to the conditions then prevailing may be pronounced. (Appeal from judgment of Oneida County Court convicting defendant of sodomy, first degree.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Vecehio, JJ.

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Judgment insofar as it imposes sentence upon defendant, unanimously reversed, sentence vacated, and matter remitted to Oneida County Court for proceedings on resentence in accordance with the memorandum. [815]*815Memorandum: The defendant was convicted of violation of section 690 of the Penal Law, sodomy, first degree. He was sentenced to an indeterminate term of one day to life, under section 2189-a of the Penal Law. Ordinarily the choice as to probation, a definite sentence, or the alternative treatment, pursuant to section 2189-a would be a matter for the sound discretion of the sentencing Judge. (People v. Rhodes, 15 N Y 2d 729.) However, in the present case, considering the probation report, the medical reports, and the various other matters that were before the sentencing Judge, it appears that the sentence of one day to life was not appropriate. Upon a resentenee with the aid of an additional and current psychiatric report, a sentence appropriate to the conditions then prevailing may be pronounced. (Appeal from judgment of Oneida County Court convicting defendant of sodomy, first degree.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Vecehio, JJ.

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Bluebook (online)

23 A.D.2d 814, 258 N.Y.S.2d 241, 1965 N.Y. App. Div. LEXIS 4497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mosher-nyappdiv-1965.