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PEOPLE v. PAYTON

2007-02996.

2008 NY Slip Op 06311

THE PEOPLE, ETC., respondent, v. DOUGLAS PAYTON, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 15, 2008.

Attorney(s) appearing for the Case

Charles F. Carnesi, Garden City, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Before: REINALDO E. RIVERA, J.P., ROBERT A. LIFSON, FRED T. SANTUCCI, HOWARD MILLER, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the plea allocution was sufficient to establish his guilt of the crimes of criminal sexual act in the first degree and rape in the first degree based upon a theory of accessorial liability pursuant to Penal Law § 20.00 (see People v. Sabatino, 41 A.D.3d 871; People v. Wooden, 4 A.D.3d...

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