Majority
p. 1065The People of the State of New York, Respondent, v Michael Hill, Appellant.
Judgment unanimously affirmed. Memorandum: The court properly accepted defendant’s plea to first degree manslaughter. The court’s inquiry was sufficient and provided a factual basis for the plea (see, People v Lopez, 71 NY2d 662 , 667-668). Defendant admitted that he knew his cousin, a codefendant, intended to kill the victim, that he provided him with the shotgun and that he was present when the shooting occurred. These facts establish that defendant
p. 1066
shared a community of purpose with his cousin (see, People v Allah, 71 NY2d 830 , 832; People v Whatley, 69 NY2d 784 , 785; People v Herring, 149 AD2d 731 , 734-735, Iv denied 74 NY2d 741 ). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Manslaughter, 1st Degree.) Present — Callahan, J. P., Doerr, Green, Pine and Balio, JJ.
Cases cited
- People v. Lopez 71 NY2d 662 at 667-668 p. 1065
- People v. Allah 71 NY2d 830 at 832 p. 1066
- People v. Whatley 69 NY2d 784 at 785 p. 1066
- People v. Herring 149 AD2d 731 at 734-735 p. 1066