Appeals court upholds rape conviction

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ALBANY – The rape conviction of Kingston man who pled guilty to the crime has been affirmed by the Appellate Division, Third Department of State Supreme Court.
Torjuan McClain, AKA Tyler James and “T.J.,” attacked a young homeless victim in June 2013 while at Kingston’s Forsyth Park. After grabbing her by the throat, he forcibly raped her.
James pled guilty to the felony in Ulster County Court in June 2014 in satisfaction of a three-count indictment and as part of his plea agreement he waived his right to appeal.
He was sentenced to 15 years in state prison and 20 years of post-release supervision.    On appeal, James challenged the factual sufficiency of his plea, the sufficiency of the evidence supporting his indictment and claimed his plea was not voluntary and intelligent because he was cognitively impaired.
The appeals court rejected all arguments.