PEOPLE v. ELLITHORPE

111603.

207 A.D.3d 1001 (2022)

170 N.Y.S.3d 918

2022 NY Slip Op 04764

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

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

Decided July 28, 2022.


Attorney(s) appearing for the Case

Rural Law Center of New York, Castleton ( Keith F. Schockmel of counsel), for appellant.

Jason M. Carusone , District Attorney, Lake George ( Morgan Cosentino of counsel), for respondent.

Egan Jr., J.P., Lynch, Reynolds Fitzgerald, Ceresia and McShan, JJ., concur.


Defendant waived indictment and agreed to plead guilty to a superior court information charging him with attempted rape in the second degree with the understanding that he would be sentenced to a prison term of 1½ years followed by 10 years of postrelease supervision. The charge stemmed from defendant's alleged interaction with an individual who informed defendant that she was a 14-year-old girl but, in reality, was an undercover police officer. The plea agreement also...

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