PEOPLE v. GOODEARL

887 KA 18-01573.

176 A.D.3d 1613 (2019)

107 N.Y.S.3d 913

2019 NY Slip Op 07181

The People of the State of New York, Respondent, v. Anthony J. Goodearl, Appellant.

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

Decided October 4, 2019.


Attorney(s) appearing for the Case

DAVID J. FARRUGIA , PUBLIC DEFENDER, LOCKPORT ( JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

CAROLINE A. WOJTASZEK , DISTRICT ATTORNEY, LOCKPORT ( MARY-JEAN BOWMAN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Centra, NeMoyer and Troutman, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the sentence to a definite term of imprisonment of one year, and as modified the judgment is affirmed and the matter, is remitted to Supreme Court, Niagara County, for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of sexual...

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