Opinion
March 16, 1995
Appeal from the Supreme Court, New York County (Murray Mogel, J.).
Defendant's guilty plea was properly accepted. When defendant denied the requisite intent, the court carefully elicited defendant's admission of facts from which that intent could be readily inferred (People v. Lopez, 71 N.Y.2d 662, 667-668). Under the circumstances, it was also appropriate to accept defendant's guilty plea with respect to a count wherein he denied his guilt (North Carolina v. Alford, 400 U.S. 25). Defendant's guilty plea could not have been influenced by the court's ambiguous statement, in the midst of accepting the plea, about the potential sentence defendant might have received had there been a trial.
Summary denial of defendant's motion to suppress identification testimony was proper (see, People v. Rodriguez, 79 N.Y.2d 445, 452-454).
Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.