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PEOPLE v. JORGE D.

104930.

109 A.D.3d 16 (2013)

966 N.Y.S.2d 272

2013 NY Slip Op 3879

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE D., Appellant.

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

Decided May 30, 2013.

Attorney(s) appearing for the Case

Brandon E. Boutelle , Public Defender, Elizabethtown ( Angela M. Kelley of counsel), for appellant.

Kristy L. Sprague , District Attorney, Elizabethtown ( Michael P. Langey of counsel), for respondent.

LAHTINEN, J.P. McCARTHY and EGAN JR., JJ., concur.

OPINION OF THE COURT

STEIN, J.

Defendant waived indictment, pleaded guilty to a superior court information charging him with attempted rape in the second degree and waived his right to appeal. County Court ultimately adjudicated him to be a youthful offender and sentenced him to a prison term of four years, to be followed by three years of postrelease supervision. Defendant now appeals, on the sole basis that his sentence was illegal.1...

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