Opinion
July 12, 1996
Present — Lawton, J.P., Wesley, Doerr, Davis and Boehm, JJ.
Appeal from the Wayne County Court, Sirkin, J.
Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea ( see, e.g., People v. Horton, 168 A.D.2d 689). Defendant's plea allocution did not cast significant doubt on defendant's guilt. Defendant argues for the first time on appeal that his plea should be vacated because his factual recitation raises the possibility of an agency defense ( see generally, People v. Lopez, 71 N.Y.2d 662, 666). We disagree ( see, e.g., People v. Harris, 186 A.D.2d 677, 678, lv denied 81 N.Y.2d 886). Defendant's recitation establishes that defendant possessed the cocaine and gave it to other individuals; it does not establish that he merely facilitated a transaction for a buyer or acted solely for the buyer's benefit ( see, People v. Lam Lek Chong, 45 N.Y.2d 64, cert denied 439 U.S. 935; People v. Argibay, 45 N.Y.2d 45, rearg denied 45 N.Y.2d 839, cert denied sub nom. Hahn-DiGuiseppe v. New York, 439 U.S. 930).