People v. Cerio

Judgment unanimously modified in the exercise of discretion by reducing the sentence to an indeterminate sentence of imprisonment for not to exceed three years and as so modified affirmed. Memorandum: Upon his *1096plea of guilty to the fourth count only of his indictment, to wit, sodomy in the second degree in violation of section 130.45 of the Penal Law, that is, engaging in deviate sexual intercourse with a person less than 14 years old, defendant was sentenced to an indeterminate term of imprisonment for a maximum of seven years. Defendant’s acts were done with the knowledge of the child’s…