Livingston manor NY cheating wives

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Stephan Schick. There was pretrial omnibus motion practice and intense and protracted pretrial negotiations conducted on behalf of the defendant through the Legal Aid Panel, wherein there was an offer communicated by the People of eighteen 18 years determinate, should the defendant plead guilty and waive appeal and admit his responsibility with respect to the three infant female victims. The matter was scheduled for pretrial hearings, including Sandoval and Huntley, and pursuant to the renewed negotiations of the defendant's new defense attorney, the defendant entered a plea of guilty pursuant to a plea bargain arrangement, which included a waiver of appeal and plea to three counts of the indictment on February 4th, At the time of the plea, the defendant was placed under oath, questioned by the Court and gave sworn testimony, inter alia, with respect to defendant's pedigree and with respect to defendant's knowing and intelligent voluntary waiver of his rights.

The defendant admitted, under oath, and pled guilty to engaging in multiple acts of sexual contact and multiple acts of sexual intercourse with an infant female from the time that female infant was between the ages of six and ten years old with respect to count one.

Then, with respect to count four, the defendant pled guilty to and allocuted, from on or about September of through June ofat his residence here in Sullivan County, New York, to having two or more acts of sexual contact with his older daughter, who was under the age of eleven 11 during the entire period Livingston manor NY cheating wives time, wherein the defendant touched the infant female's vagina, breast and buttocks.

Livingston manor NY cheating wives

With respect to count nine, defendant pled guilty to and allocuted that on or about the summer of at his residence here in Sullivan County, he subjected a third unrelated infant female child to sexual contact by placing his hand in her underwear and touching her vagina. Following the defendant's pleas of guilty and allocutions, the defendant was clearly advised and instructed by this Court to cooperate with the Probation Department. The Court also gave the defendant detailed Parker Warnings. The Court explained, at length, the part of the plea bargain that Mr.

Rosario must not get into any trouble between the time of the plea and the time of sentencing, that he was to cooperate with the Probation Department when interviewed by them, and that if these conditions were not met he would be in violation of the plea agreement and the Court would not be bound to give him only eighteen 18 years in jail, that defendant's conviction would stand and the Court would be free to sentence defendant up to twenty-five 25 years in states prison.

Defendant acknowledged that he understood the warnings and consequences of failure to fully cooperate. See, p. The Court went on to further explain to this defendant, and to defendant's counsel that if the defendant, in his pre-sentence report, refuted or denied what the defendant had sworn to in his plea allocution, thus taking a stand contrary to his plea and agreement, that the Court in considering remorse and acceptance of responsibility as one factor into accepting the bargained for sentence of eighteen years, he would not be entitled to the benefit of the bargained for sentence.

The defense attorney, on the record, graciously appreciated the Court's advising the client of the importance of the pre-sentence investigation, and defense counsel further, on the record, indicated that she had advised the client of that Livingston manor NY cheating wives and that the defendant understood it. On February 18th, the defendant acknowledged readiness to proceed to sentencing. The Court noted that the pre-sentencing report, which has been admitted into evidence, was inconsistent with the defendant's plea allocution and appeared to be in violation of the Court's clear admonitions to the defendant at the time of the plea with respect to cooperating with the Probation Department.

Livingston manor NY cheating wives

Pursuant to the authority of People v. Hicks, 98 N. Although it is not clear from the Court of Appeals decision in Hicks nor in the subsequent decision of People v. Powell, Misc. This Court believes it is appropriate to adopt the highest criminal standard of proof because even though, guilt has been established by the defendant's own allocution the ramifications of the Hicks violation go directly to the sentencing, a substantive part of the conviction, and therefore the standard of proof ought to be the same.

Pursuant to a Hicks Hearing, the People introduced, on consent, the plea allocution minutes and called Probation Officer Gerber who prepared the pre-sentence report. This Court makes the following findings of fact beyond a reasonable doubt. That Miss Gerber is a qualified and experienced probation officer, with almost two years of probation pre-sentence report writing experience.

This Court finds her testimony clear, direct, frank, un-evasive and in all respects truthful. That pursuant to a routine asment to prepare a pre-sentence report in this matter, Probation Officer Gerber interviewed the defendant, Angel Rosario, at the Sullivan County Jail for at least one hour and covered all necessary matters applicable to a felony pre-sentence report. The defendant's remarks in the interview process were accurately recorded by the probation officer. On 3 of the Pre-Sentence Investigative Report, when interviewed on March 3rd, at the Sullivan County Jail, the defendant refused to acknowledge his wrongdoing and minimized the offenses of sexually abusing three 3 little girls by attempting to somehow explain the sexual abuse as a situation that defendant was going through with his paramour because she was cheating on him.

Livingston manor NY cheating wives defendant refused to answer most of the questions when interviewed and asserted numerous times defendant does not understand English. The defendant related, to P. Gerber, that he pled guilty to the charges to avoid a longer prison sentence than offered by the plea agreement. The rationale the defendant gave the probation officer for pleading guilty was consistent with his testimony at this hearing and claimed for remorse in order to avoid the potential of a longer prison sentence than was bargained for by the defendant at the time of this plea.

Livingston manor NY cheating wives

At the hearing the defendant took the stand. This Court found the defendant's testimony was evasive, uncertain, contradictory at times, and was clearly concocted, tortuous and a strained version of what defendant did to the infant girls, what defendant said to the probation officer and what defendant said to his own attorney in preparation for sentencing and is hearing.

The defendant's parroted expression of remorse on the stand as well as defendant's production of an undated, unidentified note that the defense untimely offers into evidence was a clear attempt and recent fabrication by the defendant to avoid the responsibility of violating this Court's Hicks warnings. The defendant's wilful failure to truthfully answer the Livingston manor NY cheating wives officer's inquiry about his crimes, three 3 ininvolving three 3 different helpless infant female victims, clearly hinders the preparation of an accurate report for this Court's use at the time of sentencing.

Clearly, the complete and well-drafted pre-sentence investigative report of Probation Officer Gerber shows that this defendant did not accept responsibility for the sexual offenses and crimes allocuted to. This Court notes that the acceptance of responsibility for sexual offenses and crimes is a necessary first step towards any possibility of sex offender rehabilitation. The fact that the defendant claims, at the hearing, that he was embarrassed to truthfully respond to the female probation officer's inquiries and to accept any responsibility for what he did simply holds no weight for this Court and is not credible.

This defendant is no stranger to the Criminal Justice System. Accordingly, this Court finds that the defendant breached the promises given to this Court, namely to cooperate, that the defendant's lack of remorse, and acceptance of responsibility for his actions against three infant female children are pertinent and relevant to the sentence. As explained to the defendant at the time of the plea, the purpose of affording him a plea arrangement with respect to eighteen 18 years for violating three young little girls was in anticipation of a genuine remorse, his genuine sincerity for changing his ways.

Based upon the pre-sentence investigative report as well as the defendant's in court testimony, this Court finds that there's a total absence of sincerity, remorse and acceptance of responsibility for what he did. Accordingly, the defendant's convictions for Counts one, four, and nine of the indictment will stand, the agreement with respect to the eighteen 18 year sentence will no longer bind this Court, because the defendant has violated his Hicks warnings at the time of the defendant's plea allocution, that by the defendant protesting his innocence during the pre-sentence interview, the defendant violated a condition of his plea pertinent and meaningful to sentencing and that this violation is verifiable and based upon factual information as provided for by the pre-sentence, and sworn testimony of the probation officer and the plea minutes.

Accordingly, this matter was scheduled for sentencing on April 9th,and the defendant's renewed application for the original eighteen year sentence was denied, and the Court imposed the sentence it has forewarned the defendant of, that is, twenty five years. Explore Resources For Practice Management. Legal Technology. Corporate Counsel.

Begin typing to search, use arrow keys to navigate, use enter to select. Reset A Livingston manor NY cheating wives Font size: Print. Decided: April 09, Honorable Stephen F. Elissa Killian, Esq. Of Liberty, N. Thank you for subscribing! Please try again.

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