75-year-old Melvin B. was found guilty of multiple sexual crimes involving five young girls, who ranged from 9 to 15 years-of-age.
On appeal, Melvin claimed the Niagara County Court had made a number of prejudicial errors--like allowing a police detective to opine that a video taken by Bogar depicted "illegal conduct." Melvin also contended that his 25-year sentence was too harsh.
Because it believed the trial judge had given jurors appropriate corrective instructions, which limited the possibility of any prejudice, the Appellate Division, Fourth Department, saw any trial-related errors as "harmless," and affirmed the outcome, particularly in view of the "overwhelming" nature of the evidence against the guy.
It also had no qualms with the sentence, due to the seriousness of the guy's crimes and his unwillingness to "accept responsibility."
Hang it up, daddy.
To view a copy of the Appellate Division's decision, please use this link: People v. Melvin Bogar