Court Decision: Insufficient Evidence Results in Dismissal of Count, Reducing Sentence by More Than 20 Years

Appellate Division, Second Department: People v. Adolph

Insufficient Evidence Results in Dismissal of Count, Reducing Sentence by More Than 20 Years

Following a jury trial, Mr. Adolph was convicted of two felonies and sentenced to a prison term of 45 years to life. On appeal, his conviction for one felony was challenged on the basis that the People failed to establish that the criminal conduct continued over a period of not less than three months, which was a required element of the crime. The Appellate Division agreed and vacated the conviction and sentence imposed on that count. As a result, Mr. Adolph’s sentence was reduced from 45 years to life to 22 1/2 years to life.

Sean H. Murray represented Mr. Adolph