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PEOPLE v. EISEMANN

248 A.D.2d 484 (1998)

670 N.Y.S.2d 39

The People of the State of New York, Respondent, v. Robert Eisemann, Appellant

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

March 9, 1998

Ordered that the judgment is modified, on the law, by reversing the conviction for sodomy in the first degree as charged in count three of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Since the two-year time period alleged in the third count of the indictment, charging sodomy in the first degree, is unreasonable on its face, that count must be dismissed (see,

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