Opinion
2014-01-8
The PEOPLE, etc., respondent, v. Harvey BOONE, appellant.
Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered May 30, 2012, 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 contention that his plea of guilty should be vacated because the facts to which he allocuted do not actually constitute a crime is unpreserved for appellate review ( see People v. Pryor, 11 A.D.3d 565, 566, 782 N.Y.S.2d 803). In any event, contrary to the defendant's contention, the facts to which he allocuted constituted the crime of manslaughter in the first degree ( see Penal Law §§ 20.00, 125.20; see also People v. Pagan, 281 A.D.2d 294, 295, 722 N.Y.S.2d 150). RIVERA, J.P., HALL, ROMAN and COHEN, JJ., concur.