Opinion
2019–02111 S.C.I. No. 290/18
03-17-2021
The PEOPLE, etc., respondent, v. Ernest BOONE, appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. ( Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. ( Anna K. Diehn of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. ( Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. ( Anna K. Diehn of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered February 11, 2019, convicting him of rape in the second degree (two counts) and criminal sexual act in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court relied on improper information at sentencing is unpreserved for appellate review ( see People v. Pena, 28 N.Y.3d 727, 730, 49 N.Y.S.3d 342, 71 N.E.3d 930 ), and, in any event, without merit ( see People v. Lynch, 166 A.D.3d 904, 906, 88 N.Y.S.3d 424 ).
CHAMBERS, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.