| People v Lebron |
| 2016 NY Slip Op 04237 [140 AD3d 790] |
| June 1, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Angel Lebron, Appellant. |
Neal D. Futerfas, White Plains, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller ofcounsel), for respondent.
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 ofmanslaughter 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, andintelligent because his factual recitation raised the possibility of a justification defense isunpreserved for appellate review (see People v Lopez, 71 NY2d 662 [1988]).Although the defendant's allocution may have raised the possibility that a viablejustification defense existed, the County Court made the requisite further inquiry withrespect to that potential defense, to ensure that the defendant's plea was knowingly,voluntarily, and intelligently entered, and the defendant neither challenged the adequacyof that inquiry nor moved to withdraw his plea of guilty (see People v Lopez, 71NY2d at 667-668; People v Sierra, 256 AD2d 598, 599-600 [1998]). In anyevent, contrary to the defendant's contention, the further inquiry made by the CountyCourt was sufficient to ensure the validity of the defendant's plea of guilty, and we agreewith the County Court's determination that the defendant's plea was knowing, voluntary,and intelligent (see People vAlonzo, 90 AD3d 1065 [2011]; People v Mead, 27 AD3d 767 [2006]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Dillon, J.P., Sgroi, Miller and Barros, JJ., concur.