Opinion
2018–11547 Ind. No. 6573/06
10-06-2021
The PEOPLE, etc., respondent, v. Miguel BELLO, appellant.
Janet E. Sabel, New York, N.Y. (Harold V. Ferguson, Jr., of counsel) for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Harold V. Ferguson, Jr., of counsel) for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
MARK C. DILLON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P. Murphy, J.), rendered September 11, 2017, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's sole contention regarding the conviction of manslaughter in the first degree under Indictment No. 6573/06 is that his plea of guilty should be vacated if his conviction under Indictment No. 7484/14 is reversed ( People v. Bello, 198 AD3d 667, 152 N.Y.S.3d 328 [Appellate Division Docket No. 2017–04831; decided herewith]). Since the defendant raises no independent claim regarding his conviction under Indictment No. 6573/06, that judgment must be affirmed in light of the affirmance of the judgment under Indictment No. 7484/14 (see id.; People v. Lewis, 135 A.D.3d 961, 962, 22 N.Y.S.3d 902 ; People v. Washington, 93 A.D.3d 681, 682, 938 N.Y.S.2d 923 ; cf. People v. Fuggazzatto, 62 N.Y.2d 862, 863, 477 N.Y.S.2d 619, 466 N.E.2d 159 ).
DILLON, J.P., IANNACCI, CHRISTOPHER and WOOTEN, JJ., concur.