Opinion
06-09-2017
The PEOPLE of the State of New York, Respondent, v. John J. McCORMACK, Defendant–Appellant.
Mark D. Funk, Conflict Defender, Rochester (Kimberly J. Czapranski of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
Mark D. Funk, Conflict Defender, Rochester (Kimberly J. Czapranski of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his guilty plea of burglary in the third degree (Penal Law § 140.20 ). We reject defendant's contention that the plea colloquy was factually insufficient. Defendant admitted the essential elements of the crime during the plea colloquy, including that he entered the building with the intent to steal (see People v. Hinkson, 59 A.D.3d 941, 941, 872 N.Y.S.2d 334, lv. denied 12 N.Y.3d 817, 881 N.Y.S.2d 24, 908 N.E.2d 932 ; People v. Jackson, 286 A.D.2d 912, 912–913, 731 N.Y.S.2d 124, lv. denied 97 N.Y.2d 755, 742 N.Y.S.2d 616, 769 N.E.2d 362 ). Contrary to defendant's further contention, defense counsel did not take a position adverse to his pro se motion to withdraw the plea, and thus there was no reason for County Court to assign new counsel (see People v. Lindsay, 134 A.D.3d 1452, 1452–1453, 21 N.Y.S.3d 656, lv. denied 27 N.Y.3d 967, 36 N.Y.S.3d 628, 56 N.E.3d 908 ; People v. Strasser, 83 A.D.3d 1411, 1411–1412, 919 N.Y.S.2d 454 ; see generally People v. Mitchell, 21 N.Y.3d 964, 967, 970 N.Y.S.2d 919, 993 N.E.2d 405 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CENTRA, LINDLEY, TROUTMAN, and SCUDDER, JJ., concur.