People v. Markel (74 A.D.3d 1815, 2010)

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered April 9, 2009. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree and attempted robbery in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Lococo, 92 NY2d 825, 827 [1998]). Present—Smith, J.P., Fahey, Carni, Green and Gorski, JJ.