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PEOPLE v. HANNAH

65 A.D.3d 1378 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT HANNAH, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.

Ordered that the judgment is affirmed.

In 2007 the defendant was convicted, upon his plea of guilty, of rape in the second degree for engaging in sexual intercourse with a 14-year-old victim and was sentenced to 10 years probation. The sentence of probation included certain "Sex Offender Conditions of Probation" which, inter alia, prevented the defendant from living "at a location where anyone under the age of 18 resides...

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