People v Underdue
2013 NY Slip Op 05381 [108 AD3d 1169]
July 19, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 21, 2013


The People of the State of New York, Respondent, v Dayvon Underdue, Appellant.

—[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Maria Maldonado of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered January 25, 2010. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Peradotto, Lindley, Sconiers and Whalen, JJ.