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PEOPLE v. HARNETT

101866.

72 A.D.3d 232 (2010)

894 N.Y.S.2d 614

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID M. HARNETT, Appellant.

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

Decided February 25, 2010.

Attorney(s) appearing for the Case

Brian M. Callahan , Duanesburg, for appellant.

Robert M. Carney , District Attorney, Schenectady ( Gerald A. Dwyer of counsel), for respondent.

CARDONA, P.J., and ROSE, J., concur with MALONE JR., J.; STEIN and GARRY, JJ., dissent in a separate opinion by STEIN, J.

OPINION OF THE COURT

MALONE JR., J.

Pursuant to a plea agreement, defendant pleaded guilty to sexual abuse in the first degree, waived his right to appeal and was thereafter sentenced to an agreed-upon prison term of seven years, with 10 years of postrelease supervision. In addition, County Court entered an order of protection in the victim's favor for a period of 15 years. Defendant appeals.

Defendant contends that his guilty plea was not knowingly...

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