People v. Frey
Opinion of the Court
Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered October 8, 2009, as amended October 28, 2009, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him, as a second child sexual assault felony offender, to a term of five years, unanimously affirmed.
The court properly sentenced defendant as a second child sexual assault felony offender (see Penal Law § 70.07). It is undisputed that defendant’s prior conviction involved a child less than 15 years old, and thus qualified as a predicate felony
Since the plea allocution established, by way of defendant’s admission, that the victim was under 15, a special information (see CPL 200.62 [1]) alleging that fact was unnecessary. For the same reason, there was no violation of the principles set forth in Apprendi v New Jersey (530 US 466 [2000]). Concur— Gonzalez, P.J., Mazzarelli, Nardelli, Renwick and DeGrasse, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.