People v Basnight

2007 NY Slip Op 09785 [46 AD3d 697]

December 11, 2007

Appellate Division, Second Department

As corrected through Wednesday, February 13, 2008

The People of the State of New York,Respondent, v Tyrone Basnight, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y.Brodt of counsel; Lorrie A. Zinno on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman,J.), rendered August 10, 2005, convicting him of reckless endangerment in the first degree, uponhis plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited his claim that his admitted conduct did not satisfythe elements of reckless endangerment in the first degree (see People v Thomas, 53NY2d 338, 340 [1981]; People v Skya,43 AD3d 1190 [2007]; Peoplev Peoples, 34 AD3d 503, 504 [2006]; People v Shearer, 29 AD3d 608, 609 [2006]). Miller, J.P., Crane,Dillon and Balkin, JJ., concur.