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PEOPLE v. KEARNS

95 N.Y.2d 816 (2000)

734 N.E.2d 743

712 N.Y.S.2d 431

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IAN KEARNS, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 2000.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Elizabeth J. Miller and Daniel L. Greenberg of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Anthea H. Bruffee and Leonard Joblove of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was charged with two counts of rape in the first degree and seven counts of sexual abuse in the first degree, committed in August 1995. He pleaded guilty to one count of sexual abuse in the first degree in satisfaction of the indictment. At the plea hearing, defendant executed a written waiver of his right to appeal.

Supreme Court conducted...

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