Opinion
05-03-2024
The PEOPLE of the State of New York, Respondent, v. Kalik MCMILLAN, Defendant-Appellant.
JEFFREY CHARKOWS, NEW YORK CITY, FOR DEFENDANT-APPELLANT, WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Onondaga County Court (Stephen J. Dougherty, J.), rendered May 13, 2019. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree and criminal possession of a weapon in the second degree.
JEFFREY CHARKOWS, NEW YORK CITY, FOR DEFENDANT-APPELLANT,
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.
PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the first degree (Penal Law § 125.20 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [3]). We affirm. By pleading guilty, defendant forfeited his contention that County Court erred in denying his severance motion (see People v. Hunter, 49 A.D.3d 1243, 1243, 852 N.Y.S.2d 880 [4th Dept. 2008]; People v. Jackson, 288 A.D.2d 939, 939, 732 N.Y.S.2d 524 [4th Dept. 2001], lv denied 97 N.Y.2d 729, 740 N.Y.S.2d 702, 767 N.E.2d 159 [2002]; People v. Cotton, 219 A.D.2d 836, 837, 632 N.Y.S.2d 35 [4th Dept. 1995], lv denied 87 N.Y.2d 900, 641 N.Y.S.2d 229, 663 N.E.2d 1259 [1995]).