Opinion
December 9, 1985
Appeal from the Supreme Court, Westchester County (Wood, J.).
Judgment affirmed.
Defendant challenges his adjudication as a second felony offender, claiming that when he pleaded guilty to the predicate felony, the plea allocution was constitutionally deficient and he was denied the effective assistance of counsel. The transcript of the prior plea proceeding had been destroyed pursuant to Judiciary Law § 297. Nisi prius determined, after a hearing, that defendant's claims were without merit (see, People v Harris, 61 N.Y.2d 9). We agree.
A fair assessment of the events which transpired at the prior plea proceeding is not automatically precluded by the absence of a transcript (see, People v Rivera, 39 N.Y.2d 519), and defendant may still contest the constitutionality of his prior felony conviction (see, People v Mumit, 106 A.D.2d 411). The record indicates that defendant knowingly, voluntarily and intelligently pleaded guilty, even assuming, arguendo, that he was not specifically apprised of his right to a trial by jury or his right to confront his accusers (see, People v Harris, supra; People v Nixon, 21 N.Y.2d 338, cert. denied sub nom. Robinson v New York, 393 U.S. 1067). Furthermore, defendant was provided meaningful legal representation (see, People v Baldi, 54 N.Y.2d 137; People v Satterfield, 66 N.Y.2d 796; People v Natal, 66 N.Y.2d 802). Lazer, J.P., Thompson, Weinstein and Niehoff, JJ., concur.