PEOPLE v. PERNA

726 KA 09-01045.

74 A.D.3d 1807 (2010)

902 N.Y.S.2d 870

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL R. PERNA, Appellant. (Appeal No. 1.).

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

Decided June 11, 2010.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment revoking the probation component of the split sentence of incarceration and probation previously imposed upon his conviction of possessing a sexual performance by a child (Penal Law § 263.16) and sentencing him to an indeterminate term of incarceration. As a preliminary matter, we note that the contention of defendant that his plea was...

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