Opinion
No. KA 07-00256.
February 1, 2008.
Appeal from a judgment of the Yates County Court (W. Patrick Falvey, J.), rendered October 31, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree.
ZIMMERMAN TYO, ATTORNEYS, SHORTSVILLE (JOHN E. TYO OF COUNSEL), FOR DEFENDANT-APPELLANT.
SUSAN H. LINDENMUTH, DISTRICT ATTORNEY, PENN YAN (JASON L. COOK OF COUNSEL), FOR RESPONDENT.
Present: Hurlbutt, J.P., Centra, Fahey, Peradotto and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed ( see People v Hidalgo, 91 NY2d 733, 737).