Appeal from a judgment of the County Court of Washington County (Berke, J.) rendered June 23, 2000, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Defendant disposed of an indictment charging him with promoting prison contraband in the first degree with a guilty plea to attempted promoting prison contraband in the first degree, entered with the express understanding that he would be sentenced as a second felony offender to an indeterminate prison term of IV2 to 3 years, to run consecutively to the prison term that he was already serving at the time of his commission of the crime. Because defendant was concerned that any admissions of guilt could adversely impact a pending appeal from a tier III disciplinary disposition, he requested and was permitted to enter an Alford plea. At the time fixed for sentencing, defendant made an oral motion to withdraw his guilty plea upon the ground that the “complaining officer,” a correction officer, coerced him into pleading guilty with threats of physical violence. County Court denied the motion and proceeded with sentencing. After advising defendant that he had the right to contest the constitutionality of any prior felony conviction and that his failure to do so waived that right, defendant acknowledged that he had been previously convicted of the felony of criminal sale of a controlled substance in the third degree. County Court then imposed the bargained-for sentence. Defendant now appeals, contending that, absent competent evidence of his guilt, County Court erred in accepting his Alford plea.
As a threshold matter, we agree with the People’s contention that defendant has failed to preserve his present claim concerning the validity of his Alford plea for our review. Although an oral motion to withdraw a plea of guilty will suffice to preserve the ground stated as the basis for the motion (see, People v Yell,
In our view, the two-prong test for Alford pleas, which requires both the product of a voluntary, rational choice and strong record evidence of actual guilt (see, Matter of Silmon v Travis,
Crew III, Peters, Carpinello and Rose, JJ., concur. Ordered that the judgment is affirmed.
