Man sentenced for raping teen loses appeal

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KINGSTON – Daniel Mikalonis, formerly of Kerhonkson, pleaded guilty in Ulster County Court in 2018 to engaging in illegal sex with a 14-year-old girl.  He was sentenced to seven years in prison with 10 years of post-release supervision, and he waived his right to an appeal.  He recently appealed the sentence, despite his waiver.  The Appellate Division of State Supreme Court denied his appeal on January 6.

 

Mikalonis had been arrested in 2017 after police had learned that he had been engaging in sexual acts with a 16-year-old girl.  The illegal conduct had begun two years earlier when Makilonis was 24 years old.

 

Right before the 2018 trial was set to begin, the defendant accepted a plea deal offered by the Ulster County District Attorney’s Office.  As part of the plea, the Makilonis was to plead to one count of the indictment in exchange for a sentence of five years in prison and 10 years of post-release supervision.  The court indicated that it would sentence him to a minimum of seven years in prison.  Makinolis agreed to the terms of the sentence in the courtroom that day and agreed that he would not be able to file an appeal.

 

In denying the sex offender’s appeal, the court said, “A trial court is not required to accept every offer of a plea merely because the defendant wishes to enter a plea and [the court] may reject a plea offer in the exercise of sound judicial discretion.”

 

 

 




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