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PEOPLE v. WHALEY

38 A.D.3d 1106 (2007)

833 N.Y.S.2d 673

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW H. WHALEY, Appellant.

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

Decided March 22, 2007.

Carpinello, J.

In September 2002, defendant pleaded guilty to the crime of sodomy in the second degree in full satisfaction of a three-count indictment and was sentenced to 1½ to 4½ years in prison. Prior to his release from prison, a risk assessment hearing was conducted at which time County Court considered, among other things, his criminal history, the young age of his victim and evidence of his past alcohol...

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