PEOPLE v. MCMILLAN (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Respondent, v. Kalik MCMILLAN, Defendant-Appellant.

161 Decided: May 03, 2024

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, JJ.

JEFFREY CHABROWE, NEW YORK CITY, FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.

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]).

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