PEOPLE v. COLCLOUGH


32 N.Y.2d 227 (1973)

The People of the State of New York, Respondent, v. John V. Colclough, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1973.


Attorney(s) appearing for the Case

Richard Steel for appellant.

Frank S. Hogan, District Attorney (Arthur Weinstein, Michael R. Juviler and Herman Kaufman of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI and JONES concur.


WACHTLER, J.

The evidence clearly established that the defendant had committed a vicious, depraved and nearly fatal assault on his 17-year-old victim in March of 1970, and was sufficient to sustain the conviction for assault in the second degree (Penal Law, § 120.05). Since the assault was directed at an "intimate part" of the victim's body and was apparently motivated by a sadistic desire to obtain sexual...

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