People v. Whitmore

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 8, 2011, 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 following a jury trial of sodomy in the first degree and endangering the welfare of a child. County Court sentenced defendant to concurrent terms of one year in jail for endangering the welfare of a child and 18 years in prison for sodomy. Upon appeal, this Court affirmed defendant’s conviction, as well as the denial of defendant’s…