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PEOPLE v. FITZGERALD

239 A.D.2d 711 (1997)

657 N.Y.S.2d 487

The People of the State of New York, Respondent, v. Gerald G. Fitzgerald, Appellant

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

May 15, 1997

Defendant, a man in his 50s, was convicted upon his plea of guilty of the crime of rape in the third degree for having sex with a 15-year-old female. At the time of defendant's plea, no specific promises were made with respect to the sentence to be imposed. We reject the contention that County Court abused its discretion in imposing a prison term of 1 to 3 years. Although this sentence was harsher than that which was recommended...

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