PEOPLE v. WHALEY

102931.

74 A.D.3d 1641 (2010)

905 N.Y.S.2d 675

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHAN L. WHALEY, Appellant.

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

Decided June 24, 2010.


In June 2009, defendant was charged with rape in the second degree for allegedly engaging in sexual intercourse with the 14-year-old daughter of his girlfriend. Pursuant to a plea agreement, defendant elected to plead guilty to one count of attempted rape in the second degree in exchange for a prison sentence of two years, followed by five years of postrelease supervision. During the plea allocution, County Court told defendant that it would go along with the plea agreement...

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