People v. Brandon T.

Appeal from a judgment of the County Court of Delaware County (Becker, J.), rendered October 4, 2004, which resentenced defendant following his conviction of the crime of sexual abuse in the first degree.

Defendant pleaded guilty to the sole count of a superior court information charging him with sexual abuse in the first degree in violation of Penal Law § 130.65 (3). Under the terms of the plea agreement, defendant was adjudicated a youthful offender, *884was sentenced to a five-year period of probation and waived his right to appeal. Thereafter, County Court determined that the five-year…