People v. Frazier

Appellate Division of the Supreme Court of New York

People v. Frazier

91 A.D.3d 1319, 937 N.Y.2d 653

Appellate Division of the Supreme Court of the State of New York·Decided January 31, 2012·Published·Cited by 3 cases

Opinion

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 AD3d 1098 [2007], lv denied 8 NY3d 949 [2007]; People v Diaz, 26 AD3d 768 [2006]). In any event, it is without merit (see People v Harrington, 3 AD3d 737, 739 [2004]; see also People v Rudduck, 85 AD3d 1557 [2011], lv denied 17 NY3d 861 [2011]). The sentence is not unduly harsh or severe. Present — Smith, J.E, Fahey, Garni, Sconiers and Gorski, JJ.

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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 AD3d 1098 [2007], lv denied 8 NY3d 949 [2007]; People v Diaz, 26 AD3d 768 [2006]). In any event, it is without merit (see People v Harrington, 3 AD3d 737, 739 [2004]; see also People v Rudduck, 85 AD3d 1557 [2011], lv denied 17 NY3d 861 [2011]). The sentence is not unduly harsh or severe. Present — Smith, J.E, Fahey, Garni, Sconiers and Gorski, JJ.

People v. Frazier, 91 A.D.3d 1319, 937 N.Y.2d 653 (N.Y. Ct. App. 2012).

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Opinion

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