PEOPLE v. HOCKENBURY

No. 110243.

190 A.D.3d 1155 (2021)

140 N.Y.S.3d 322

2021 NY Slip Op 00335

The People of the State of New York, Respondent, v. James Hockenbury, Appellant.

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

Decided January 21, 2021.


Attorney(s) appearing for the Case

Stephen W. Herrick , Public Defender, Albany ( Steven M. Sharp , of counsel), for appellant.

P. David Soares , District Attorney, Albany ( Jonathan P. Catania , of counsel), for respondent.

Garry, P.J., Clark, Mulvey, Reynolds Fitzgerald and Colangelo, JJ., concur.


Defendant was indicted and charged with one count of criminal sexual act in the first degree. The charges stemmed from an incident that occurred in 2016 when defendant, who had a long history of working with children, engaged in oral sexual conduct—on the grounds of an elementary school—with the less than four-year-old child whom he was baby-sitting. Following a suppression hearing, defendant agreed to plead guilty to the charged crime with the understanding...

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