Opinion
KA 02-00303.
December 31, 2003.
Appeal from a judgment of Erie County Court (DiTullio, J.), entered November 28, 2001, convicting defendant upon his plea of guilty of rape in the first degree and sodomy in the first degree.
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND KEHOE, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed ( see People v. Hidalgo, 91 N.Y.2d 733, 737).