People v. Holka

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered December 19, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree and assault in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [1]) and assault in the second degree (§ 120.05 [2]). We reject the contention of defendant that his waiver of the right to appeal was invalid (see People…