People v. Pierce

Appellate Division of the Supreme Court of New York

People v. Pierce

19 A.D.2d 606, 1963 N.Y. App. Div. LEXIS 3583

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

DecidedJune 18, 1963

StatusPublished

This text of 19 A.D.2d 606 (People v. Pierce) 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. Pierce, 19 A.D.2d 606, 1963 N.Y. App. Div. LEXIS 3583 (N.Y. Ct. App. 1963).

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Opinion

Judgment rendered October 9, 1961, convicting defendant of assault in the second degree with intent to commit the crime of rape and two counts of placing a -child in such a situation as likely to impair her morals, unanimously modified, on the law, -by vacating the conviction under count 2 (placing a child in such a situation as likely to impair her morals), and, as so modified, affirmed. The jury disagreed as to count 3 (exposure of person) which is alleged to have occurred at the same time and same place as the incident referred to in count 2. We hold defendant’s guilt on count 2 was not established beyond a reasonable doubt. Defendant was sentenced on the felony count as a second felony offender and sentence was suspended on each of the two misdemeanor counts. On this record we do not find the sentence imposed to be excessive. Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Judgment rendered October 9, 1961, convicting defendant of assault in the second degree with intent to commit the crime of rape and two counts of placing a -child in such a situation as likely to impair her morals, unanimously modified, on the law, -by vacating the conviction under count 2 (placing a child in such a situation as likely to impair her morals), and, as so modified, affirmed. The jury disagreed as to count 3 (exposure of person) which is alleged to have occurred at the same time and same place as the incident referred to in count 2. We hold defendant’s guilt on count 2 was not established beyond a reasonable doubt. Defendant was sentenced on the felony count as a second felony offender and sentence was suspended on each of the two misdemeanor counts. On this record we do not find the sentence imposed to be excessive. Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

19 A.D.2d 606, 1963 N.Y. App. Div. LEXIS 3583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pierce-nyappdiv-1963.