People v. Ginter

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered April 19, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, *1065upon his plea of guilty, of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]), defendant challenges the factual sufficiency of the plea allocution. That challenge is encompassed by defendant’s valid waiver of the right to…