Appellate Division of the Supreme Court of New York, 1966

People ex rel. Wilkerson v. McMann

People ex rel. Wilkerson v. McMann
Appellate Division of the Supreme Court of New York · Decided November 29, 1966
26 A.D.2d 982; 275 N.Y.S.2d 1023; 1966 N.Y. App. Div. LEXIS 2994
People ex rel. Wilkerson v. McMann

Opinion of the Court

Memorandum by the Court. No act constituting carnal abuse within the judicial definition of that term (People v. Belcher, 299 N. Y. 321) was specified in any of the three charges of which defendant was convicted, nor was such an act an essential ingredient of either of them; and, in consequence, no presentence psychiatric examination was required (Penal Law, §§ 2189-a, 1944-a). Judgment affirmed, without costs. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur; Aulisi, J., not voting.

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