People v. Thiessen

I respectfully dissent and vote to affirm the order of the Appellate Division affirming the judgment of conviction and the sentence which denied youthful offender treatment to this defendant.

Defendant, at the time of the crime, was visiting the SUNYAlbany campus for the weekend; he became intoxicated, entered the dorm room of a sleeping coed, climbed into her bed and sodomized her. After a trial, a jury convicted defendant of sodomy in the first degree. The sentencing court denied defendant’s request for youthful offender treatment and imposed a sentence of 316 to 10 years. Among the…