People v McIntosh
2016 NY Slip Op 01976 [137 AD3d 1620]
March 18, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 27, 2016


[*1]
 The People of the State of New York, Respondent,
v
Shawn McIntosh, Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered November 1, 2013. The judgment convicted defendant, upon his plea of guilty, of use of a child in a sexual performance (four counts), sexual abuse in the first degree (two counts), possessing a sexual performance by a child (four counts), and endangering the welfare of a child (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Whalen, P.J., Smith, Carni, Nemoyer and Curran, JJ.