95 A.D.2d 870 | N.Y. App. Div. | 1983
— Appeal from a judgment of the County Court of Montgomery County (White, J.), rendered August 18, 1981, upon a verdict convicting defendant of the crimes of attempted murder in the second degree, assault in the second degree, and criminal mischief in the fourth degree. The charges against defendant stem from an incident occurring on August 15,1979. About 2:30 p.m. the previous day, the 15-year-old victim was abducted at knifepoint in Fulton County. She was taken to a house in Johnstown where she spent the night tied between two posts in the attic. Allegedly she was sodomized and raped. The next morning defendant took her to a wooded area in Montgomery County where she was hit over the head and stabbed in the back. After hearing a noise defendant fled and the victim was taken to the Johnstown Hospital by one Patrick Boucher. Defendant was thereafter indicted in Fulton County and charged with kidnapping in the first degree, attempted rape in the first degree, sodomy in the first degree, sexual abuse in the first degree and rape in the first degree. He was acquitted of all the charges. The instant indictment was handed down in Montgomery County charging defendant with attempted murder in the second degree, assault in the second degree and criminal mischief in the fourth degree. Prior to the present trial defendant moved, inter alla, for dismissal of the indictment on the grounds of double jeopardy and collateral estoppel. The motion was denied and after a trial defendant was found guilty as charged. He was sentenced to 8V& to 25 years on the attempted murder charge, 2Ys to 7 years on the assault charge and one year on the criminal mischief charge. The sentences were to run concurrently with each other but consecutively to any other sentence defendant was presently serving.