People v. Waldron

Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered August 30, 2001. The judgment convicted defendant, upon a jury verdict, of sodomy in the first degree (three counts), promoting an obscene sexual performance by a child, use of a child in a sexual performance and possessing an obscene sexual performance by a child.

It is hereby ordered that the judgment so appealed from be and the same hereby is modified as a matter of discretion in the interest of justice by directing that the determinate terms of *1075incarceration of 17 years imposed on the second and third…