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PEOPLE v. SUPERINTENDENT

755 KAH 19-02190.

193 A.D.3d 57 (2021)

2021 NY Slip Op 00705

THE PEOPLE OF THE STATE OF NEW YORK ex rel. E.S., Appellant, v. SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, et al., Respondents.

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

Decided February 5, 2021.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City ( Elon Harpaz of counsel), for appellant.

Letitia James , Attorney General, Albany ( Robert M. Goldfarb of counsel), for respondents.

PERADOTTO and LINDLEY, JJ., concur with BANNISTER, J.; WHALEN, P.J., dissents in a separate opinion in which CENTRA, J., concurs.

OPINION OF THE COURT

Petitioner was convicted upon his plea of guilty of attempted rape in the second degree (Penal Law §§ 110.00, 130.30[1]). At sentencing, he was adjudicated a youthful offender and was sentenced to a term of probation. Petitioner violated his conditions of probation and was resentenced to a term...

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