PEOPLE v. McCARTHY

111232.

195 A.D.3d 1246 (2021)

149 N.Y.S.3d 695

2021 NY Slip Op 03878

The People of the State of New York, Respondent, v. Joshua A. McCarthy, Appellant.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

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

Gary M. Pasqua , District Attorney, Canton ( Matthew L. Peabody of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark, Pritzker and Colangelo, JJ., concur.


Under the terms of a plea agreement, defendant waived indictment, pleaded guilty to two counts of a superior court information charging him with promoting an obscene sexual performance by a child and purportedly waived his right to appeal. Defendant entered into the agreement with the understanding that he would serve a period of interim probation and, if successful, be sentenced to 10 years of probation. After reviewing the contents of the presentence investigation report...

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