People v Molyneaux
2008 NY Slip Op 02293 [49 AD3d 1222]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent, v James L. Molyneaux, Appellant. (Appeal No. 2.)

—[*1] Connors & Vilardo, LLP, Buffalo (Vincent E. Doyle, III, of counsel), for defendant-appellant.

Jay D. Carr, Special Prosecutor, Olean, for respondent.

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered November 7, 2005. The judgment convicted defendant, upon a jury verdict, of sodomy in the first degree, sodomy in the second degree, and sexual abuse in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the sentence imposed for sodomy in the first degree to an indeterminate term of imprisonment of 6 to 12 years and on the law by vacating the period of postrelease supervision and as modified the judgment is affirmed.

Same memorandum as in People v Molyneaux (49 AD3d 1220 [2008]). Present—Hurlbutt, J.P., Smith, Centra, Green and Gorski, JJ.