People v. Boone

Appellate Division of the Supreme Court of New York

People v. Boone

113 A.D.3d 631, 977 N.Y.2d 917

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 8, 2014

StatusPublished

This text of 113 A.D.3d 631 (People v. Boone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boone, 113 A.D.3d 631, 977 N.Y.2d 917 (N.Y. Ct. App. 2014).

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Opinion

The defendant’s contention that his plea of guilty should be vacated because the facts to which he allocated do not actually constitute a crime is unpreserved for appellate review (see People v Pryor, 11 AD3d 565, 566 [2004]). 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 AD2d 294, 295 [2001]). Rivera, J.P., Hall, Roman and Cohen, JJ., concur.

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The defendant’s contention that his plea of guilty should be vacated because the facts to which he allocated do not actually constitute a crime is unpreserved for appellate review (see People v Pryor, 11 AD3d 565, 566 [2004]). 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 AD2d 294, 295 [2001]). Rivera, J.P., Hall, Roman and Cohen, JJ., concur.

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Bluebook (online)

113 A.D.3d 631, 977 N.Y.2d 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boone-nyappdiv-2014.

Opinion

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