New York Criminal Lawyer Blog
This case is being heard in the Criminal Term of the Supreme Court of Queens County in the state of New York. The plaintiff in the case is the People of the State of New York. The defendant of the case is Theodore Rhodes. A New York Criminal Lawyer said the defendant is being represented by Anthony Marra, from New York City, with Bob Finkin and Kew Gardens for counsel. The plaintiff is represented by Frank D. O’Connor, the Queens County District Attorney with Benjamin J. Jacobson, the Assistant District Attorney for counsel. The justice overseeing the case is J. Irwin Shapiro.
Current Case
The defendant, Theodore Rhodes has made a motion for resentencing.
Case History
The defendant along with two other individuals was indicted for kidnapping, rape, assault, and intent to commit the crime of rape. The trial for the defendant started on the 27th of May and went on to the 28th of May. On the 28th, the defendant withdrew his not guilty plea during the trial and entered a guilty plea for the crimes of second degree assault and the intent to commit the crime of rape.
As required by the law the defendant was committed to the Kings County Hospital in order to be observed. A New York Criminal Lawyer said that upon receipt of the hospital’s report the defendant received his sentence on the 5th of August. He was sentenced to a term of one day to life. This is according to section 243 of the penal law that sets this sentencing structure for these types of cases. The defendant is now serving this sentence.
Case Discussion and Verdict
The defendant’s motion for resentencing is based on an affidavit from his trial counsel that states that after reviewing the psychiatric report for the defendant there is no evidence to indicate in any way that the defendant is psychologically a sex deviant. A New York Sex Crimes Lawyer said the affidavit concludes that the purpose of section 243 of the penal law that assigns a sentencing of one day to life for these types of cases is to enable sex deviants to receive the necessary psychiatric treatment that is required so they may return to society when the Parole Board determines that the defendant is no longer a threat to society and is cured of his psychological sex illness.
As the defendant has already started serving his sentence, the sentencing cannot be reconsidered unless it was irregularly or illegally imposed. In this particular case, there is no evidence that this occurred. Even if the conclusion about the initial hospital report is correct and there is no indication that the defendant was determined to be a sex deviant, the court cannot be bound by the conclusion of this particular psychiatrist. Additionally, it is to be noted that the Penal Law 243 allows the sentencing of a day to life up to the discretion of the court. A New York Drug Possession Lawyer said this is not limited to only those individuals that are found to be sex deviants upon their psychiatric evaluation. For this reason there is no merit for the motion being made by the defendant and it is denied.
It is recommended to the parole board that the sentencing in this case be considered unless the defendant’s conduct while in custody reveals that it would not be in the interest of the defendant of the public to do so.
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