PEOPLE v. McELHEARN


56 A.D.3d 954 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN H. McELHEARN, Appellant.

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

November 20, 2008.


Mercure, J.P.

Admitting that he transmitted a sexually graphic image from his computer to a person whom he believed to be a 14-year-old girl, defendant pleaded guilty to attempted disseminating indecent material to minors in the first degree. As part of his plea, defendant waived his right to appeal. County Court thereafter sentenced defendant to 180 days in jail and 10 years of probation, to be served concurrently. The court expressly noted that a condition of defendant...

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