People v Lucas

People v Lucas 2007 NY Slip Op 01972 [38 AD3d 294] March 13, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent,
v
George Lucas, Appellant.

—[*1] Peter H. Dailey, New York, for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 26, 2004, convicting defendant, upon his plea of guilty, of enterprise corruption and two counts of burglary in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 22 years, unanimously affirmed.

Defendant's guilty plea forfeited his present claim regarding the factual predicate for his burglary conviction (see People v Taylor, 65 NY2d 1 [1985]; People v Mendez, 25 AD3d 346 [2006]).

We perceive no basis for reducing the sentence. Concur—Andrias, J.P., Saxe, Sullivan, Gonzalez and McGuire, JJ.