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Appeal by the defendant from a judgment of the Supreme
*577 Court, Queens County (Naro, J.), rendered June 3, 1977, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.Ordered that the judgment is affirmed.
The plea allocution satisfied the requirements of People v Harris (61 NY2d 9) and, assuming the absence of a complete factual allocution, there is no suggestion on the record that the plea was improvident or baseless (see, People v Langhorn, 119 AD2d 844, lv denied 68 NY2d 758; People v Damonde, 111 AD2d 867). In any event, a factual allocution is not required where, as here, the plea is to a lesser crime (see, People v Clairborne, 29 NY2d 950). Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.
Document Info
Citation Numbers: 132 A.D.2d 576
Filed Date: 7/6/1987
Precedential Status: Precedential
Modified Date: 1/13/2022