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STATE v. SMITH

11 N.Y.3d 797 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIE SMITH, Appellant.

Court of Appeals of the State of New York.

Argued September 4, 2008.

Attorney(s) appearing for the Case

Legal Aid Society of Suffolk, Inc., Appeals Bureau, Riverhead (Robert C. Mitchell and James H. Miller, III, of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead (Michael J. Miller of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the case remitted to County Court for further proceedings in accordance with this memorandum.

Defendant pleaded guilty to one count of rape in the third degree (Penal Law § 130.25 [2]) after admitting that he was 31 years old when he engaged in sexual intercourse with the 16-year-old victim....

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