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PEOPLE v. OWENS

192 Misc.2d 101 (2002)

745 N.Y.S.2d 831

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RONALD OWENS, Defendant.

Supreme Court, Richmond County.

May 13, 2002.

Attorney(s) appearing for the Case

Ronald Owens, defendant pro se.

William L. Murphy, District Attorney (Jonathan J. Silbermann of counsel), for plaintiff.

OPINION OF THE COURT

ALAN J. MEYER, J.

The defendant herein moves to vacate his judgment and conviction pursuant to CPL article 440.

On January 12, 2000, the defendant pleaded guilty to Penal Law § 130.66 (1) (a), aggravated sexual abuse in the third degree, a class D felony.

During his allocution, the defendant, in consultation with his attorney, freely admitted to forcibly sodomizing his victim

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