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PEOPLE v. AITKEN

2019-13158. 2020-03156.

202 A.D.3d 1110 (2022)

159 N.Y.S.3d 905

2022 NY Slip Op 01186

The People of the State of New York, Respondent, v. Geraldo Aitken, Appellant.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Jose David Rodriguez Gonzalez of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart of counsel; Amy Azzopardi on the brief), for respondent.

Dillon, J.P., Brathwaite Nelson, Rivera and Wooten, JJ., concur.

Ordered that the appeal from the order dated September 24, 2019, is dismissed, without costs or disbursements, as that order was superseded by the order dated January 13, 2020, made upon renewal; and it is further,

Ordered that the order dated January 13, 2020, is affirmed insofar as appealed from, without costs or disbursements.

The defendant pleaded guilty to rape in the second degree (Penal Law § 130.30[1]). Prior to his release from prison, at a hearing...

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