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Saturday, February 11, 2017

Appellate Court upholds 20 year prison sentence for Andover man

A New York State Appellate Court has rejected a claim filed by Rick D. Carter, 44, formerly of Andover. Carter was arrested in December 2013 and convicted in June 2015 in Allegany County court of course of sexual conduct against a child, a B-level felony. He was sentenced to 20 years in prison and 20 years post release supervision. Carter is currently an inmate at Elmira Correctional Facility.

In the appeal filed by Joseph Miller of Cuba on behalf of Carter, the claim was made that the indictment was "jurisdictionally defective." Other claims said the plea allocution was also "jurisdictionally defective," that his sentence was "unduly harsh" and that he originally was denied "effective assistance of counsel."
Point by point, the Appellate Court rejected the claims, even saying that Carter received an "advantageous plea."
You can red the full decision HERE.