THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARCUS J. MCMILLAN, DEFENDANT–APPELLANT. (APPEAL NO. 1.)

KA 12–01087

Decided: March 16, 2018

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, CURRAN, AND WINSLOW, JJ.

DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the first degree (Penal Law § 125.20[1] ) and assault in the first degree

(§ 120.10[1] ). In appeal No. 2, he appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (§ 220.16[1] ). Contrary to defendant's contention in both appeals, the sentences are not unduly harsh or severe.

Mark W. Bennett

Clerk of the Court

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