People v. Berry

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered June 2, 2000, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

In November 1999, an indictment was returned against defendant charging him with numerous crimes including rape in *549the first degree. After the People learned that the results of DNA testing were inconclusive, the original plea offer, which proposed a three-year prison sentence, was amended to a charge of sexual abuse in the first degree with six months’ incarceration and five years’ probation.…