People v Marvin
2008 NY Slip Op 06106 [53 AD3d 1120]
July 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


The People of the State of New York, Respondent, v Daniel W. Marvin, Appellant. (Appeal No. 1.)

—[*1] Robert M. Pusateri, Conflict Defender, Niagara Falls (Edward P. Perlman of counsel), for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered October 7, 2004. The judgment convicted defendant, upon his plea of guilty, of sexual abuse in the first degree, rape in the third degree and sexual misconduct.

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