PEOPLE v. WHALEN


1 A.D.3d 633 (2003)

766 N.Y.S.2d 458

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVERETT R. WHALEN, Appellant.

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

November 6, 2003.


Mugglin, J.

On August 16, 2001, defendant pleaded guilty to the crimes of rape in the third degree (two counts), sodomy in the third degree (two counts) and incest, in full satisfaction of a 50-count indictment. Under the terms of the plea agreement, defendant was to be sentenced to a one-year period of interim probation which, if successfully completed, would be followed by a sentence of no greater than six months' incarceration and 10 years' probation. Defendant...

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