People v. Mullen

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered August 3, 2004. The judgment convicted defendant, upon his plea of guilty, of sexual abuse in the first degree and criminal possession of a weapon in the fourth 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 upon his plea of guilty of, inter alia, sexual abuse in the first degree (Penal Law § 130.65 [3]), defendant contends that County Court abused its discretion in denying his application *1252for…