Opinion
June 8, 1992
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the factual recitation underlying his plea of guilty did not negate an element of the crime or otherwise establish that the plea was improvident or baseless (see, People v. Harris, 61 N.Y.2d 9; People v. Maynor, 177 A.D.2d 602; cf., People v. Lopez, 71 N.Y.2d 662, 666, n 2; People v. Francis, 38 N.Y.2d 150, 155-156; People v. Duff, 158 A.D.2d 711). The defendant unhesitatingly admitted shooting the victim twice, without provocation, because the victim allegedly damaged the defendant's motorcycle and declined to pay for the damage. Although after his factual recitation was completed the defendant briefly claimed that, "it wasn't my intention to shoot" the victim and made vague reference to his possible use of cocaine, the court's inquiries into the defendant's statements established that the plea was knowingly and voluntarily entered and that the defendant had committed the crime to which he pleaded guilty (see, People v Lopez, supra; People v. Kalwasinski, 160 A.D.2d 732; People v Coluccio, 170 A.D.2d 523; see also, People v. Maynor, supra; People v. McMahon, 163 A.D.2d 588). Thompson, J.P., Lawrence, Copertino and Santucci, JJ., concur.