| People v Frazier |
| 2012 NY Slip Op 00588 [91 AD3d 1319] |
| January 31, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Chaz D.Frazier, Appellant. |
[*1]Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), renderedJuly 26, 2010. The judgment convicted defendant, upon his plea of guilty, of manslaughter in thefirst degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofmanslaughter in the first degree (Penal Law 125.20 [1]), defendant contends that County Courterred in sentencing him without the benefit of an adequate presentence report. Defendant failedto preserve that contention for our review (see People v Pomales, 37 AD3d 1098 [2007], lvdenied 8 NY3d 949 [2007]; People v Diaz, 26 AD3d 768 [2006]). In any event, it is withoutmerit (see People v Harrington, 3 AD3d 737, 739 [2004]; see also People v Rudduck, 85 AD3d1557 [2011], lv denied 17 NY3d 861 [2011]). The sentence is not unduly harsh or severe. PresentSmith, J.P., Fahey, Carni, Sconiers and Gorski, JJ.