People v Herrera-Cruz, 2024 NY Slip Op 04024 [229 AD3d 1369]

July 26, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Alexis Herrera-Cruz, Appellant.

Cambareri & Brenneck, Syracuse (Kenneth H. Tyler, Jr., of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Elisabeth Dannan of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Onondaga County (Gordon J. Cuffy, A.J.), rendered January 13, 2021. The judgment convicted defendant upon his plea of guilty of manslaughter in the first degree.

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]). Contrary to defendant’s contention, we conclude that the sentence is not unduly harsh or severe, and we decline defendant’s request to exercise our power to reduce the sentence as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [b]). Present—Whalen, P.J., Curran, Montour, Greenwood and Keane, JJ..