People v. Hill

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HILL, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 8, 1991

171 A.D.2d 1065 (N.Y. App. Div. 1991)

569 N.Y.S.2d 42

Opinion

March 8, 1991

Appeal from the Niagara County Court, Hannigan, J.

Present — Callahan, J.P., Doerr, Green, Pine and Balio, JJ.

Judgment unanimously affirmed. Memorandum: The court properly accepted defendant's plea to first degree manslaughter. The court's inquiry was sufficient and provided a factual basis for the plea (see, People v Lopez, 71 N.Y.2d 662, 667-668). Defendant admitted that he knew his cousin, a codefendant, intended to kill the victim, that he provided him with the shotgun and that he was present when the shooting occurred. These facts establish that defendant shared a community of purpose with his cousin (see, People v Allah, 71 N.Y.2d 830, 832; People v Whatley, 69 N.Y.2d 784, 785; People v Herring, 149 A.D.2d 731, 734-735, lv denied 74 N.Y.2d 741).