People v Hullings
2008 NY Slip Op 00774 [48 AD3d 1066]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


The People of the State of New York, Respondent, v Michael A. Hullings, Appellant.

—[*1] 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.

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.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P., Centra, Fahey, Peradotto and Pine, JJ.