Rensselaer County District Attorney Joel E. Abelove announced today that the New York State Supreme Court, Appellate Division, Third Judicial Department, affirmed the guilty verdict of Robert Wolf, age 25, rendered by a jury on September 4, 2013. Wolf was convicted of two (2) counts of Course of Sexual Conduct in the First Degree, one (1) count of Endangering the Welfare of a Child.
The defendant was charged in an indictment stemming from incidents where he engaged in sexual contact with a victim less than eleven (11) years of age on a number of occasions in 2008 and 2009. The defendant was found guilty on all counts charged following a jury trial and was sentenced to seventeen and a half (17 ½) years in prison.
The defendant appealed the decision on the grounds that the indictment was not sufficiently specific with respect to the course of sexual conduct counts, as well as ineffective assistance of counsel. The defendant argued that the indictment must contain “a statement in each count that the offense charged therein was committed on, or on or about, a designated date and time.” The Appellate Division rejected this argument stating that the period of time set forth in the indictment was sufficient to allow the defendant to prepare a defense, and if necessary, to permit him to raise a double jeopardy defense. The Appellate Division also rejected the ineffective assistance of counsel claim, stating that they were “unable to conclude that defense counsel committed any egregious or prejudicial error such that the defendant did not receive a fair trial”.
Wolf remains in prison serving a sentence of seventeen and a half (17 ½) years on the convictions listed above.
Abelove said, “Thankfully, the Appellate Court upheld this sex offender’s conviction. My office will continue to defend every conviction and fight to protect the public.”
Assistant District Attorney Vincent J. O’Neill argued this case before the Appellate Division