PEOPLE v. O'BRIEN

112174.

207 A.D.3d 955 (2022)

170 N.Y.S.3d 526

2022 NY Slip Op 04670

The People of the State of New York, Respondent, v. Arnold O'Brien, Also Known as Boogie, Appellant.

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

Decided July 21, 2022.


Attorney(s) appearing for the Case

Matthew C. Hug , Albany, for appellant.

Robert M. Carney , District Attorney, Schenectady ( Peter H. Willis of counsel), for respondent.

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


Defendant, while on probation, engaged in sexual conduct with his girlfriend's nine-year-old daughter. In satisfaction of the ensuing two-count indictment, defendant pleaded guilty to rape in the first degree and purported to waive his right to appeal. County Court, having made no commitment regarding the period of postrelease supervision to be imposed, sentenced defendant, as a second felony offender, to the agreed-upon prison...

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