People v Hanley

2011 NY Slip Op 05559 [85 AD3d 659]

June 28, 2011

Appellate Division, First Department

As corrected through Wednesday, August 10, 2011

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

—[*1]Richard M. Greenberg, Office of the Appellate Defender, New York (Matthew L. Mazurof counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Gina Mignola ofcounsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered July 28,2009, convicting defendant, upon his plea of guilty, of kidnapping in the second degree, criminalpossession of a weapon in the second degree (two counts), and reckless endangerment in the firstdegree, and sentencing him to concurrent terms of 14 years, seven years, seven years and oneyear, respectively, unanimously affirmed.

By pleading guilty, defendant forfeited appellate review of his argument that his kidnappingconviction merged into his conviction for reckless endangerment (see People v Brown,156 AD2d 204 [1989]; see also People v Hansen, 95 NY2d 227, 230-231 [2000]).Moreover, since there was no trial, the record is inadequate to review defendant's claim.

We find the sentence not to be excessive. Concur—Andrias, J.P., Friedman, Renwick,DeGrasse and Abdus-Salaam, JJ.