PEOPLE v. WHEELER

2017-11099. Ind. No. 202/17.

189 A.D.3d 1471 (2020)

138 N.Y.S.3d 121

2020 NY Slip Op 07923

The People of the State of New York, Respondent, v. Jake N. Wheeler, Appellant.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

Thomas N.N. Angell , Poughkeepsie, NY ( Steven Levine of counsel; Lauren Jaeb on the brief), for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Anna Katharina Diehn of counsel), for respondent.

Mastro, J.P., Barros, Connolly and Wooten, JJ., concur.


Ordered that the judgment is affirmed.

During the evening hours of May 27, 2017, the defendant pulled down the pants and underwear of his 16-year-old niece and touched her buttocks while she was sleeping in his living room. The defendant was arraigned on May 29, 2017, on a felony complaint accusing him of sexual abuse in the first degree.

At the subsequent plea proceeding, prior to pleading guilty, the defendant waived his right to be indicted by a grand jury...

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