People v O'Dell
2014 NY Slip Op 07839 [122 AD3d 1309]
November 14, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 31, 2014


[*1]
 The People of the State of New York, Respondent, v James F. O'Dell, Jr., Appellant. (Appeal No. 3.)

Leanne Lapp, Public Defender, Canandaigua, the Abbatoy Law Firm, PLLC, Rochester (David M. Abbatoy, Jr., of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Robert C. Jeffries of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered August 24, 2011. The judgment convicted defendant, upon his plea of guilty, of rape in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Fahey, Carni, Lindley and Valentino, JJ.