PEOPLE v. ROSARIO

1013 KA 17-00011.

166 A.D.3d 1498 (2018)

86 N.Y.S.3d 367

2018 NY Slip Op 07564

The People of the State of New York, Respondent, v. Jose Rosario, Appellant.

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

Decided November 9, 2018.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated and the matter is remitted to Niagara County Court for further proceedings on the indictment.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of two counts of sexual abuse in the first degree (Penal Law § 130.65 [2]), defendant contends that County Court erred in accepting the plea because he made a statement during the...

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