This case involving child sexual abuse committed by an adolescent raises issues of the Supreme Court’s jurisdiction to resolve by guilty plea charges involving a continuous offense spanning defendant’s infancy and adulthood, charges underlying a juvenile delinquency finding, and charges for which defendant may be prosecuted as an adult.
A New York Criminal attorney said that defendant was charged in a six-count indictment with one count of course of sexual conduct against a child in the first degree, four counts of sodomy in the first degree, and one count of endangering the welfare of a child. The charges arose from incidents commencing when defendant was 13 years old and the victim was four years old, and continuing until defendant was 17 years old and the victim was seven years old. During those years, the victim was regularly brought to defendant’s home for babysitting by defendant’s mother. The incidents occurred when defendant’s mother left the victim in defendant’s sole care while she left the house to run errands.
Defendant fully allocuted to each count in the indictment, acknowledged his guilt and indicated his awareness of the consequences of his plea. The court made no promise with respect to the sentence, but agreed to consider granting defendant youthful offender status. Although no mention of the People’s position on youthful offender status was placed on the record at that time, during an off-record, chambers conference with the court and defense counsel earlier that day, the Assistant District Attorney had suggested that, if defendant had himself been a victim of prior sexual abuse, the People would likely not oppose a finding that defendant receive youthful offender treatment. Pursuant to the Sex Offender Registration Act, at the time his plea was entered, defendant was certified as a sex offender.
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