Cortland County man who had child porn conviction overturned enters guilty plea

CORTLAND, N.Y. — A Freetown man who was convicted on child pornography charges in 2012 — but later had his conviction overturned by a higher court — pleaded guilty Tuesday to two felony charges in Cortland County Court.

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Paul O'Neill, 41, pleaded guilty to one count of course of sexual conduct against a child, a class B felony, and one count of use of a child in a sexual performance, a class C felony. According to prosecutors, O'Neill engaged in two or more acts of sexual conduct with a 12-year-old in the town of Freetown.

Under the plea agreement, O'Neill will spend 5 to 15 years in prison on the class C felony and 10 years on the class B felony.

O'Neill, who was first convicted of child pornography charges in 2011, had his conviction overturned by the New York State Court of Appeals after it was discovered that the crimes to which O'Neill pleaded guilty to were not the same as those listed in the felony complaint, which the court called a "jurisdictional defect."

Under the terms of the plea deal, O'Neill will not face federal charges. The FBI had expressed interest in pursuing charges against O'Neill, according to the Cortland County District Attorney's Office.

He is scheduled to be sentenced Jan. 12.

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