Opinion
06-01-2016
The PEOPLE, etc., respondent, v. Angel LEBRON, appellant.
Neal D. Futerfas, White Plains, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Neal D. Futerfas, White Plains, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J., at plea; Hayes, J., at sentence), rendered April 12, 2011, 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 was not knowing, voluntary, and intelligent because his factual recitation raised the possibility of a justification defense is unpreserved for appellate review (see People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). Although the defendant's allocution may have raised the possibility that a viable justification defense existed, the County Court made the requisite further inquiry with respect to that potential defense, to ensure that the defendant's plea was knowingly, voluntarily, and intelligently entered, and the defendant neither challenged the adequacy of that inquiry nor moved to withdraw his plea of guilty (see People v. Lopez, 71 N.Y.2d at 667–668, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Sierra, 256 A.D.2d 598, 599–600, 683 N.Y.S.2d 563 ). In any event, contrary to the defendant's contention, the further inquiry made by the County Court was sufficient to ensure the validity of the defendant's plea of guilty, and we agree with the County Court's determination that the defendant's plea was knowing, voluntary, and intelligent (see People v. Alonzo, 90 A.D.3d 1065, 934 N.Y.S.2d 831 ; People v. Mead, 27 A.D.3d 767, 815 N.Y.S.2d 616 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., SGROI, MILLER and BARROS, JJ., concur.