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STATE OF NY v. SHAWN X.

506148

69 A.D.3d 165 (2009)

887 N.Y.S.2d 692

In the Matter of STATE OF NEW YORK, Respondent, v. SHAWN X., Appellant.

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

October 22, 2009.

Attorney(s) appearing for the Case

Sheila E. Shea, Mental Hygiene Legal Service, Albany (Hollie S. Levine of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Andrew B. Ayers of counsel), for respondent.

PETERS, LAHTINEN, MALONE JR. and STEIN, JJ., concur.

OPINION OF THE COURT

CARDONA, P.J.

Respondent was convicted in May 1992 of sodomy in the first degree, rape in the first degree and endangering the welfare of a child as a result of his sexual abuse of a six-year-old girl (hereinafter the victim) in 1991. Consequently, respondent was sentenced to a prison term of 5 to 15 years with five years of postrelease supervision. After serving 10 years of that sentence, he was released on parole in May 2002. Notably...

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