People v Boone, 2021 NY Slip Op 08241 [192 AD3d 905]

March 17, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Ernest Boone, Appellant.

Thomas N.N. Angell, Poughkeepsie, NY (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered February 11, 2019, convicting him of rape in the second degree (two counts) and criminal sexual act in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the County Court relied on improper information at sentencing is unpreserved for appellate review ( see People v Pena , 28 NY3d 727 , 730 [2017]), and, in any event, without merit ( see People v Lynch , 166 AD3d 904 , 906 [2018]). Chambers, J.P., Miller, Duffy, LaSalle and Wooten, JJ., concur..