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The issue in this proceeding is whether a claim for innocence lies under CPL 440.10(1)(h) to vacate a judgment of conviction based on the defendant’s guilty plea. The court felt that the defendant’s pleas of innocence is not adequate grounds for relief.

The defendant is a nurse who was a caregiver for the victim. The victim is a disabled 10-year-old girl, who is blind, immobile and unable to speak. The defendant bathed the girl using a hand-held shower device. When she applied lotion to the girl’s legs after a shower, she noticed her skin was red and peeling.

The defendant called the girls parents who took her to the doctor. The doctor initially determined that that the victim had had an adverse reaction to medication. She was then referred to a hospital. At the second medical facility, it was determined that her condition was due to third-degree burns, which required skin grafts.

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People v. AA

June 5, 2018

This appeal is from a judgment of the Supreme Court of New York County rendered on June 13, 2016. The defendant was convicted by a jury of two counts of second-degree criminal possession of a weapon. He was sentenced as a second violent felony offender to ten years. There are three judgments that took place subsequently in the same court with the same judge. The defendant was convicted of second-degree use of drug paraphernalia, fourth-degree conspiracy and third-degree sale of a controlled substance. As a result, his probation was revoked, and he was sentenced to two concurrent ten-year sentences.

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People for the State of New York v. T.W.

NY Slip Op. 02210

When T was a minor, she and another man sexually assaulted a 15-year-old girl. She plead guilty to 1st Degree sexual abuse (a Class D Felony). The Supreme Court said that in the interest of justice, her conviction should be vacated, and she should be sentenced under Penal Law 60.02. She received 10 years probation. The defendant appealed, arguing that the sentence exceeded the maximum for an undesignated Class E Felony.

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2018 Slip Op 00855

This case was an appeal from the Supreme Court, where the defendant was categorized as a Level Two sex offender.

The defendant had originally pleaded guilty for the use of a child in a sexual performance (violation of Penal Law 263.05). Before being released from prison the Supreme Court held a SORA hearing. After the hearing, the court gave the defendant 20 points for risk factor 13, which established him as a Level Two sex offender.

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