People v. Whitmore

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 7, 2013, which resentenced defendant following his conviction of the crimes of sodomy in the first degree and endangering the welfare of a child.

In 2001, defendant was convicted after a jury trial of sodomy in the first degree and endangering the welfare of a child and an 18-year aggregate prison term was imposed, which was affirmed on appeal, as was the denial of his CPL article 440 motion (12 AD3d 845 [2004], lvs denied 4 NY3d 769, 892 [2005]). Defendant was subsequently identified as a “designated person”…