PEOPLE v. SHUTE


243 A.D.2d 794 (1997)

662 N.Y.S.2d 853

The People of the State of New York, Respondent, v. Kevin C. Shute, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 9, 1997


Defendant was convicted upon his plea of guilty of the crime of rape in the third degree after he admitted to engaging in sexual intercourse with a 16-year-old female. We reject defendant's claim that County Court abused its discretion in sentencing him to a prison term of 1 1/3 to 4 years because the sentence was more harsh than that recommended by the People who, in exchange for his plea, had agreed to follow the sentencing recommendation of the Probation Department. It...

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