PEOPLE v. AUSTIN

878 KA 19-01455.

199 A.D.3d 1383 (2021)

154 N.Y.S.3d 539

2021 NY Slip Op 06259

The People of the State of New York, Respondent, v. Michael Austin, Appellant.

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

Decided November 12, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by amending the order of protection to expire on June 29, 2037, and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of four counts of rape in the second degree (Penal Law § 130.30[1]). Preliminarily, we note that defendant's notice of appeal...

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