People v Baker
2010 NY Slip Op 05112 [74 AD3d 1808]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


The People of the State of New York, Respondent, v Kevin M. Baker, Appellant.

—[*1] Gary A. Horton, Public Defender, Batavia (Melissa L. Cianfrini 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 May 28, 2009. The judgment convicted defendant, upon his 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—Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.