Appellate Division of the Supreme Court of New York, 1976

People ex rel. Bornstein v. La Vallee

People ex rel. Bornstein v. La Vallee
Appellate Division of the Supreme Court of New York · Decided March 11, 1976
51 A.D.2d 1073; 381 N.Y.S.2d 131; 1976 N.Y. App. Div. LEXIS 11910
People ex rel. Bornstein v. La Vallee

Opinion of the Court

Appeal from a judgment of the Supreme *1074Court at Special Term, entered June 18, 1975 in Clinton County, which dismissed a writ of habeas corpus after a hearing. The petitioner pleaded guilty in Washington County to seven counts of the crime of sodomy. Thereafter, he appealed to this court which affirmed the judgment of conviction (42 AD2d 926). On this appeal it is contended that the indictment failed to allege a crime. Special Term found that the indictment fairly apprised the petitioner of his wrongful act by setting forth each element of the crime charged. Judgment affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.