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PEOPLE v. SPEARS

No. 204

24 N.Y.3d 1057 (2014)

24 N.E.3d 1082

999 N.Y.S.2d 818

2014 NY Slip Op 08221

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELVIN SPEARS, Appellant.

Court of Appeals of New York.

Decided November 25, 2014.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester Janet C. Somes for appellant.

Sandra Doorley , District Attorney, Rochester ( Erin Tubbs of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, RIVERA and ABDUS-SALAAM concur; Judge PIGOTT dissents in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant Kelvin Spears was charged by indictment with one count of sexual abuse in the first degree, a class D felony, for sexual contact with a female child under the age of 11. Defendant pleaded guilty to a reduced charge of sexual abuse in the second degree, a misdemeanor, with a sentence of six years' probation. Over two months later, defendant appeared...

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