PEOPLE v. WHITMORE


12 A.D.3d 845 (2004)

785 N.Y.S.2d 140

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WHITMORE, Appellant.

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

November 18, 2004.


Kane, J.

After defendant's girlfriend reported that defendant had engaged in a sexual act with her five-year-old daughter, the police questioned defendant and obtained an oral and written statement in which he confessed to having the victim perform oral sex on him. County Court denied defendant's motion to suppress the statements. A jury convicted defendant of sodomy in the first degree and endangering the welfare of a child. The court sentenced defendant to concurrent...

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