People v Knauber
2010 NY Slip Op 03671 [72 AD3d 1615]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


The People of the State of New York, Respondent, v Debra L. Knauber, Appellant.

—[*1] Harrington & Mahoney, Buffalo (James P. Harrington of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (Robert R. Zickl of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered December 10, 2007. The judgment convicted defendant, upon a jury verdict, of rape in the second degree, criminal sexual act in the second degree and sexual abuse in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed and the matter is remitted to Genesee County Court for proceedings pursuant to CPL 460.50 (5). Present—Centra, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.