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PEOPLE v. BARTHELMAS

No. 110705.

190 A.D.3d 1160 (2021)

136 N.Y.S.3d 798

2021 NY Slip Op 00338

The People of the State of New York, Respondent, v. Elizabeth M. Barthelmas, Appellant.

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

Decided January 21, 2021.

Attorney(s) appearing for the Case

Rural Law Center of New York, Castleton ( Kristin A. Bluvas , of counsel), for appellant.

Karen A. Heggen , District Attorney, Ballston Spa ( Gordon W. Eddy , of counsel), for respondent.

Lynch, J.P., Clark, Mulvey, Aarons and Pritzker, JJ., concur.

Defendant, a former elementary school teacher, waived indictment and agreed to be prosecuted by a superior court information charging her with one count of rape in the first degree. The charges stemmed from defendant engaging in sexual intercourse with her 10-year-old student in 2007. In full satisfaction of the superior court information, as well as other pending and potential charges, defendant agreed to plead guilty to one count of rape in the first degree. The plea agreement...

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