Opinion
2012-01-31
The PEOPLE of the State of New York, Respondent, v. Chaz D. FRAZIER, Defendant–Appellant.
Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered July 26, 2010. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.Linda M. Campbell, Syracuse, for defendant-appellant. David W. Foley, District Attorney, Mayville (Laurie M. Beckernick of Counsel), for respondent.
Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered July 26, 2010. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.Linda M. Campbell, Syracuse, for defendant-appellant. David W. Foley, District Attorney, Mayville (Laurie M. Beckernick of Counsel), for respondent.
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20[1] ), defendant contends that County Court erred in sentencing him without the benefit of an adequate presentence report. Defendant failed to preserve that contention for our review ( see People v. Pomales, 37 A.D.3d 1098, 828 N.Y.S.2d 828, lv. denied 8 N.Y.3d 949, 836 N.Y.S.2d 559, 868 N.E.2d 242; People v. Diaz, 26 A.D.3d 768, 809 N.Y.S.2d 924). In any event, it is without merit ( see People v. Harrington, 3 A.D.3d 737, 739, 770 N.Y.S.2d 792; see also People v. Rudduck, 85 A.D.3d 1557, 925 N.Y.S.2d 278, lv. denied 17 N.Y.3d 861, 932 N.Y.S.2d 27, 956 N.E.2d 808). The sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.