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PEOPLE v. BERNDT

2019-12798.

195 A.D.3d 1051 (2021)

146 N.Y.S.3d 802

2021 NY Slip Op 04157

The People of the State of New York, Respondent, v. Brendon Berndt, Appellant.

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

Decided June 30, 2021.

Attorney(s) appearing for the Case

Scott M. Bishop , White Plains, NY, for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( Jill Oziemblewski and William C. Milaccio of counsel), for respondent.

Chambers, J.P., Brathwaite Nelson, Christopher and Zayas, JJ., concur.

Ordered that the order is affirmed, without costs or disbursements.

The defendant was convicted, upon his plea of guilty, of sexual abuse in the first degree. While incarcerated on that conviction, the defendant was convicted, upon his plea of guilty, of conspiracy in the second degree, after he attempted to arrange for the murder of the victim of his sexual abuse crime. In anticipation of the defendant's release from prison, a hearing was held to determine his risk...

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