Opinion
June 20, 1988
Appeal from the Supreme Court, Richmond County (Sullivan, J.).
Ordered that the judgments and order are affirmed.
Contrary to the defendant's contentions, we find that the Supreme Court was not required to conduct further inquiry as to the defendant's state of mind or the existence of a potential defense of intoxication, since the defendant's admissions at the plea allocutions sufficiently established that he knew "exactly what he was doing" when he perpetrated the crimes to which he pleaded guilty (see, People v Santana, 110 A.D.2d 789, lv dismissed 67 N.Y.2d 656; see also, People v Williams, 132 A.D.2d 634). Moreover, the defendant unequivocally acknowledged that he wished to plead guilty, in satisfaction of several multicount indictments and informations, in order to avoid exposure to a substantial prison term. Thus, vacatur of his guilty pleas is not warranted under the circumstances.
The record further belies the defendant's contention that the Supreme Court reneged on its sentencing promise. The transcript of the sentencing proceeding reveals that the Supreme Court revised the terms of its original promise to incorporate the defendant's plea to an indictment which was handed down while the defendant was free on bail, pending sentencing. The defendant expressly agreed to the "revised" promise and was sentenced accordingly.
We find that the defendant was not deprived of the effective assistance of counsel. The defendant, upon the advice of counsel, reaped the benefits of an extremely favorable plea bargain (see, People v Gale, 130 A.D.2d 588).
The defendant's motion pursuant to CPL 440.10 was properly denied since he did not set forth sufficient facts to entitle him to a hearing or to any postjudgment relief (see, People v Satterfield, 66 N.Y.2d 796).
We have examined the defendant's remaining contentions, including those raised in his pro se supplemental brief, and find them to be without merit. Mollen, P.J., Lawrence, Eiber and Balletta, JJ., concur.