PEOPLE v. WHALEN


49 A.D.3d 916 (2008)

852 N.Y.S.2d 482

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.

Decided March 6, 2008.


Cardona, P.J.

As a result of defendant's sexual relationship with one of his biological daughters, he was convicted in May 2002 of two counts of rape in the third degree, two counts of sodomy in the third degree and incest, and sentenced to a period of incarceration. In connection with that sentence, a permanent order of protection was entered pursuant to CPL 530.12 prohibiting defendant from contacting, among others, the victim and her "other and immediate family...

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