People v. Whaley

Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered September 10, 2009, convicting defendant upon his plea of guilty of the crime of attempted rape in the second degree.

In June 2009, defendant was charged with rape in the second degree for allegedly engaging in sexual intercourse with the 14-year-old daughter of his girlfriend. Pursuant to a plea agreement, defendant elected to plead guilty to one count of attempted rape in the second degree in exchange for a prison sentence of two years, followed by five years of postrelease supervision. During the plea…