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PEOPLE v. WHITMORE

106020.

125 A.D.3d 1055 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WHITMORE, Appellant.

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

Decided February 11, 2015.

In 2001, defendant was convicted after a jury trial of sodomy in the first degree and endangering the welfare of a child and an 18-year aggregate prison term was imposed, which was affirmed on appeal, as was the denial of his CPL article 440 motion (12 A.D.3d 845 [2004], lvs denied

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