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PEOPLE v. BRASSARD

112631.

208 A.D.3d 1513 (2022)

174 N.Y.S.3d 289

2022 NY Slip Op 05241

The People of the State of New York, Respondent, v. Kenneth Brassard Jr., Appellant.

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

Decided September 22, 2022.

Attorney(s) appearing for the Case

Adam H. Van Buskirk, Auburn, for appellant.

Andrew J. Wylie, District Attorney, Plattsburg (Jaime A. Douthat, of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark, Aarons and Fisher, JJ., concur.

In 2016, defendant pleaded guilty to a one-count indictment charging him with predatory sexual assault against a child in the first degree, and County Court (Ryan, J.) sentenced defendant to the maximum prison term of 25 years to life (166 A.D.3d 1312 [3d Dept 2018]). Upon appeal, this Court—finding that defendant's statements at the time of sentencing negated an element of the charged crime—reversed and remitted the matter...

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