A New York Sex Crimes Lawyer said that, by indictment filed on February 6, 2007, first defendant was charged with rape in the second degree, endangering the welfare of a child, and unlawfully dealing with a child in the first degree (two counts) for providing alcohol to underage children and having sex with a 14-year-old boy. First defendant was a 34-year-old mother of six in September 2006, when the events underlying the indictment took place. After unsuccessfully moving to suppress a statement in which she made an admission, defendant pleaded guilty on August 16, 2007 to one count of third-degree rape in exchange for a sentence of 1½ to 3 years in prison. During the plea colloquy, defendant told County Court that she was satisfied with her attorney. The judge did not inform her that she would have to register as a sex offender under the Sex Offender Registration Act (SORA) as a consequence of her conviction.
A New York Criminal Lawyer said that, the County Court denied her application. He advised her, however, that she could later move for post conviction relief, for which he would assign her new counsel. Next, the judge sentenced her as promised. The clerk then brought up the sex offender registration fee of $50 and the supplemental sex offender fee of $1,000, which the judge imposed; and the prosecutor asked the judge to certify her as a sex crime offender, which he did. On appeal to the Appellate Division, defendant argued that County Court should have conducted an inquiry after she moved to withdraw her guilty plea on conflict-of-interest grounds; and that her guilty plea was involuntary because the judge did not tell her that she would have to register as a sex offender.
To Be cont….
If your are charge of a sex crime, seek the representation of a New York Criminal Attorney and New York Sex Crime Attorney at Stephen Bilkis and Associates in order to defend your day in court.