People v. Martin

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUDIE MARTIN, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 1997

239 A.D.2d 436 (N.Y. App. Div. 1997)

658 N.Y.S.2d 341

Opinion

May 5, 1997

Appeal from the Supreme Court, Queens County (Pitaro, J.).

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that his plea of guilty should be vacated because the factual allocution was insufficient. Where, as here, the defendant pleads guilty to a lesser crime than the one charged in the indictment, a factual basis for the plea is unnecessary provided the allocution establishes that the defendant understood the charges against him (see, People v. Moore, 71 N.Y.2d 1002; People v. Pelchat, 62 N.Y.2d 97; People v. Clairborne, 29 N.Y.2d 950). Here the record indicates that the defendant understood the charges against him and that he entered his plea knowingly and voluntarily.

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.