PEOPLE v. HORACE


8 A.D.3d 752 (2004)

778 N.Y.S.2d 238

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH R. HORACE, Appellant.

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

June 10, 2004.


In satisfaction of a six-count indictment, defendant pleaded guilty to rape in the first degree and admitted having sexual intercourse with a 13-year-old girl. As part of the plea agreement, he was to be sentenced to 10 years in prison, followed by a five-year period of postrelease supervision, and an order of protection was to be entered precluding him from having contact with the victim. Defendant was sentenced as agreed and now appeals.

Initially, we note that...

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