(DOWNLOAD) "People State New York v. Joseph Keindl" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Joseph Keindl
- Author : Court of Appeals of New York
- Release Date : January 20, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[68 N.Y.2d 410 Page 414] Opinion OF THE COURT Charged in a 32-count indictment with the crimes of sodomy, sexual abuse and endangering the welfare of a child, committed against his three stepchildren, defendant stands convicted of 26 of those 32 counts. The Appellate Division affirmed the convictions, correctly rejecting defendant's contentions that the corroboration requirements of Penal Law § 130.16 were not met, that the evidence adduced as to forcible compulsion was insufficient under Penal Law § 130.00 (8), and that certain verdicts were repugnant, finding this latter claim not preserved and insubstantial in any event. The Appellate Division also found defendant's arguments that the indictment was defective because of duplicity and a lack of specificity unmeritorious. We disagree and conclude that because 15 of the 26 counts of which defendant was convicted failed to comply with the requirements of CPL 200.30 (1) or were, under the circumstances, violative of the specificity requirements of CPL 200.50 (6), the order of the Appellate Division should be modified by vacating the judgment of conviction as to those counts and dismissing them, and as so modified, affirmed.