People v. Mildwoff — 39 N.Y.2d 856

Majority

p. 856

The People of the State of New York, Respondent, v Steven Mildwoff, Appellant.

Submitted April 28, 1976;

decided June 2, 1976

p. 857

Jacob P. Lefkowitz and Julia P. Heit for appellant.

Robert M. Morgenthau, District Attorney (Amelia C. Anzalone, Peter L. Zimroth and Robert M. Pitler of counsel), for respondent.

Memorandum. The order of the Appellate Division should be affirmed.

It cannot be said on this record that the failure of the trial court to order a psychiatric report prior to the imposition of sentence constituted an abuse of discretion as a matter of law. We also conclude that there was sufficient corroborative evidence to sustain this conviction of sexual abuse.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.