People v Tello
2009 NY Slip Op 08355 [67 AD3d 1403]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


The People of the State of New York, Respondent, v Carol Tello, Appellant.

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Thomas Theophilos, Buffalo, for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, J.), rendered February 27, 2008. The judgment convicted defendant, upon her plea of guilty, of rape in the second degree and criminal sexual act in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Centra, Fahey, Carni and Pine, JJ.