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Batavia resident to serve four years on pair of rape charges

By Howard B. Owens

A 21-year-old Batavia resident who entered a guilty plea last month to a pair rape charges received a near maximum prison term from Judge Robert C. Noonan today in County Court.

Maleak H. Green, most recently a resident of Ellicott Street, admitted Jan. 7 raping two girls, age 16 and age 15.  He pled guilty to two counts of rape 3rd in a deal that capped his sentence on both counts to four years in prison, to be served concurrently.

He also entered a guilty plea to criminal contempt 1st with a sentence cap of 1 1/3 to 4 years in state prison.

That sentence could have been given to Green consecutive to his rape sentencing, making a maximum possible sentence of 5 1/2 to 8 years.

Noonan gave Green concurrent terms on all three counts.

Green was charged with rape in the third degree because of the age of the victims, but District Attorney Lawrence Friedman said if the case had been presented to a grand jury, he would have sought an indictment on rape in the first degree, alleging force, along with other criminal charges.

Friedman made the statement while asking for the maximum prison time available in the plea deal.

"It is our position that this defendant received substantial consideration in being able to enter this plea," Friedman said.

Green made no statement to Noonan.

david spaulding

To me there is something wrong with the criminal justice system when a man can rape two ladies and walk away after 4 years in prison. There are people serving more time for selling weed. Where is the justice when there are real victims?

Feb 4, 2015, 8:47pm Permalink

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