PEOPLE v. SHACKELTON

104677.

107 A.D.3d 1156 (2013)

966 N.Y.S.2d 695

2013 NY Slip Op 4372

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK SHACKELTON, Appellant.

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

Decided June 13, 2013.


Defendant pleaded guilty to rape in the third degree and two counts of endangering the welfare of a child, with the promise of a joint recommendation by the People and defendant of a sentence of one year in jail. County Court, however, made no commitment to be bound by the joint recommendation. At sentencing, the court deviated from the joint recommendation and sentenced defendant to concurrent terms of 1½ years in prison plus five years of postrelease supervision on...

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