PEOPLE v. ELIE

110956.

190 A.D.3d 1191 (2021)

140 N.Y.S.3d 334

2021 NY Slip Op 00456

The People of the State of New York, Respondent, v. Daniel P. Elie, Appellant.

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

Decided January 28, 2021.


Attorney(s) appearing for the Case

Rural Law Center of New York, Castleton ( Keith F. Schockmel of counsel), for appellant.

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

Garry, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.


Defendant waived indictment and agreed to be prosecuted pursuant to a superior court information charging him with rape in the third degree, with the understanding that he would be sentenced to a prison term of two years, to be followed by a period of postrelease supervision (hereinafter PRS) of between 5 and 15 years. The plea agreement required that he waive his right to appeal. Defendant pleaded guilty to rape in the third degree and signed a written waiver of appeal....

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