PEOPLE v. SMITH

109752.

193 A.D.3d 1114 (2021)

141 N.Y.S.3d 733

2021 NY Slip Op 02021

The People of the State of New York, Respondent, v. Afreka S. Smith, Appellant.

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

Decided April 1, 2021.


Attorney(s) appearing for the Case

Rural Law Center of New York, Castleton ( Kelly L. Egan of counsel), for appellant.

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

Egan Jr., J.P., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.


Defendant waived indictment and agreed to be prosecuted pursuant to a superior court information charging her with one count of possessing an obscene sexual performance by a child. The plea agreement, which required defendant to waive her right to appeal, contemplated that defendant would plead guilty to the charged crime with the understanding that she would be sentenced to a 10-year term of probation. Defendant pleaded guilty in conformity with the agreement, and the agreed...

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