| People v Boone |
| 2014 NY Slip Op 00114 [113 AD3d 631] |
| January 8, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Harvey Boone, Appellant. |
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William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of
counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered May 30, 2012, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty should be vacated because the facts to which he allocuted 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.