People v. Turner

Mar 18, 2005
Versions:16 A.D.3d 1150
790 N.Y.S.2d 916

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree (Penal Law §§ 110.00, 265.02 [1]), assault in the third degree (§ 120.00 [2]), menacing in the second degree (§ 120.14 [1]) and harassment in the second degree (§ 240.26 [1]). The voluntary, knowing and intelligent waiver by defendant of the right to appeal encompasses his challenge to the factual sufficiency of the plea allocution (see People v Morgan, 275 AD2d 970 [2000], lv denied 96 NY2d 761 [2001]). In any event, “[a] bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed” (People v Clairborne, 29 NY2d 950, 951 [1972]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Martoche and Lawton, JJ.