People v. Yonko

Judgment, Supreme Court, Bronx County, rendered April 26, 1971 (as amended, on resentence, April 28, 1971), after trial to the court without a jury, modified,- on the law, the facts and in the exercise of discretion, to dismiss the first count of the indictment (sodomy, first degree; old Penal Law, § 690); and, further, to reduce the conviction on the second count (assault, second degree; old Penal Law, § 242, subd. 5) to assault, third degree (old Penal Law, § 244, subd. 1), and the sentence thereunder to one year in the penitentiary; and, further, to reduce the sentences under the third,…