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PEOPLE v. SCHAAP

34 A.D.2d 57 (1970)

The People of the State of New York, Respondent, v. George Harry Schaap, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 9, 1970.

Attorney(s) appearing for the Case

David G. Retchless for appellant.

L. Edward Monaghan, Special District Attorney, for respondent.

DEL VECCHIO, J. P., and HENRY, J., concur with MOULE, J.; MARSH, J., dissents and votes to modify the sentence, in opinion in which BASTOW, J., concurs.

MOULE, J.

On March 4, 1952, the defendant was sentenced to an indeterminate term in Attica State Prison of one-day-to-life for carnal abuse of a child in violation of section 483-a of the Penal Law. In 1966 he was remanded for resentence because he had not been given a psychiatric examination prior to sentencing as required by section 2189-a of the Penal Law. He was examined and then resentenced to one-day-to-life. On November 30, 1967, this court vacated...

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