PEOPLE v. HARPER

No. 112865.

207 A.D.3d 965 (2022)

172 N.Y.S.3d 241

2022 NY Slip Op 04679

The People of the State of New York, Respondent, v. Elmer G. Harper, Appellant.

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

Decided July 21, 2022.


Attorney(s) appearing for the Case

The Kindlon Law Firm, PLLC, Albany ( Lee C. Kindlon of counsel), for appellant.

Kristy L. Sprague , District Attorney, Elizabethtown ( Katherine A. Giovacco of counsel), for respondent.

Clark, J.P., Reynolds Fitzgerald, Ceresia, Fisher and McShan, JJ., concur.


Defendant waived indictment and agreed to plead guilty to a superior court information charging him with criminal sexual act in the third degree, possessing an obscene sexual performance by a child and endangering the welfare of a child, with no sentencing commitment from County Court. The plea agreement also required defendant to waive his right to appeal. Defendant pleaded guilty to the charged crimes, and County Court sentenced defendant to an aggregate term of imprisonment...

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