People v. Berry

—Peters, J.

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered June 2, 2000, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

Defendant was indicted on four counts which included rape in the first degree. After the People learned that the results of DNA testing were inconclusive, the original plea offer, which involved a three-year prison sentence, was revised to one which involved a six-month period of incarceration and five years of probation. Defendant accepted the offer but, after reviewing the Grand Jury…