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PEOPLE v. McCARTHY

108282.

159 A.D.3d 1189 (2018)

69 N.Y.S.3d 843

2018 NY Slip Op 01675

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN M. McCARTHY, Appellant.

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

Decided March 15, 2018.

In satisfaction of various pending charges, defendant pleaded guilty to rape in the second degree and waived his right to appeal both orally and in writing. The plea agreement did not contemplate an agreed-upon sentence, but County Court informed defendant during the plea colloquy that he could receive a sentence of up to seven years in prison. County Court subsequently sentenced defendant, as a second felony offender, to six...

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