*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 99

KA 09-01381

PRESENT: CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER ALAN TIDD, SR., ALSO KNOWN AS ALAN D. TIDD, SR.,

ALSO KNOWN AS ALAN D. TIDD, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

MARY ANN BLIZNIK, CLARENCE, FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Genesee County Court (Robert C.

Noonan, J.), rendered April 9, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the second degree.

It is hereby ORDERED that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed ( see People v Haywood , 203 AD2d 966, lv denied 83 NY2d 967) and the judgment is otherwise affirmed.

Entered: February 18, 2011 Patricia L. Morgan

Clerk of the Court