People v. Bruning

Appeal from a judgment of the County Court of Chenango County (Daley, J.), rendered June 8, 2006, convicting defendant upon his plea of guilty of the crime of course of sexual conduct against a child in the first degree.

Defendant accepted an Alford plea with a promised jail sentence of between 10 to 13 years in full satisfaction of both the crime of which he had been indicted (a class B felony with a potential sentence of 25 years) and other alleged (unindicted) criminal conduct. As part of the deal, defendant agreed to waive his right to appeal. Defendant moved to withdraw his plea prior to…