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People v. Pierce

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 1963
19 A.D.2d 621 (N.Y. App. Div. 1963)

Opinion

June 27, 1963


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 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. The order of this court entered on June 18, 1963 is hereby vacated.

Concur — Rabin, J.P., McNally, Stevens, Eager and Steuer, JJ.


Summaries of

People v. Pierce

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 1963
19 A.D.2d 621 (N.Y. App. Div. 1963)
Case details for

People v. Pierce

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY PIERCE, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 27, 1963

Citations

19 A.D.2d 621 (N.Y. App. Div. 1963)

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