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Guilty Plea by Garcia-Pleitez to Criminal Sexual Act First Degree

On January 3, 2024, Juan Garcia-Pleitez, [DOB 5/20/1982], a resident of the City of Schenectady,  pled guilty in Schenectady County Court to one count of Criminal Sexual Act in the First Degree, a class B violent felony, in violation of New York State Penal Law §130.50[4].  Mr. Garcia-Pleitez pled guilty to engaging in anal sexual conduct with a child less than thirteen years old, who was well known to him. The sexual assault occurred on or about August 2, 2023, at 423 Summit Avenue, in the City and County of Schenectady, New York. The defendant will receive a sentence of between twelve [12] and fifteen [15] years in prison, with the final prison term to be decided by the judge at sentencing. In addition to the prison sentence based upon the plea agreement Mr. Garcia-Pleitez will serve twenty [20] years of post-release supervision, commonly referred to as parole.  He is also required to register as a sex offender for the remainder of his life, and a full order of protection will be issued for the victim and her siblings. Mr. Garcia-Pleitez is scheduled to be sentenced in Schenectady County Court on March 11, 2024.

The investigation into the child sexual assault began on August 3, 2023, when the child disclosed to her mother that Mr. Garcia-Pleitez had sexually assaulted her the day prior in the attic of 423 Summit Avenue. The mother upon learning of the assault immediately removed her children from the apartment and contacted the police. Schenectady patrol officers first responded to the 911 call before the investigation was turned over to detectives from the Schenectady Police Department’s Youth Aid Bureau, who specialize in criminal investigations involving children. Shortly after the assault was reported, the child was transported to the Schenectady County Child Advocacy Center (the CAC) to be forensically interviewed. The CAC is run and staffed by the Schenectady County District Attorney’s Office and is a nationally accredited child friendly environment specifically designed to forensically interview children related to physical or sexual abuse. The child detailed the sexual assault again in a forensic interview. and based upon the timing of the sexual assault was referred to a SANE nurse (Sexual Assault Nurse Examiner) for a sexual assault examination. This exam occurred at the Schenectady County Child Advocacy Center in a medical room and was conducted by a nurse from Saint Peter’s Health Partners which contracts with Schenectady County to staff and provide on site medical examinations, eliminating the need to send children to a hospital for those services. At that exam, the SANE nurse collected physical evidence from the child.  That physical evidence was sent to the New York State Police Forensic Investigation Center for analysis, and the results of that analysis corroborated the child’s sexual assault disclosure.

District Attorney Robert M. Carney stated, “This case illustrates the value of the Child Advocacy Center.  It is a one stop shop where children can be examined and questioned by trained professionals, doing the best they can to gather the evidence we need to hold offenders accountable while minimizing trauma to child victims.  The CAC also offers counseling at no charge for victims and their families and help in accessing crime victims funding through New York State.  Under the direction of Susan Casey, the CAC is a genuine asset to the people of Schenectady County.”

The People were represented by Special Victims Bureau Chief John J. Carson. Mr. Garcia-Pleitez was represented by attorney Lee Kindlon, of the Kindlon Law Firm, PLLC. Schenectady County Court Judge Matthew J. Sypniewski presided.