Opinion
October 4, 1991
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Callahan, A.P.J., Denman, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was charged in an indictment with murder in the second degree (Penal Law § 125.25) and manslaughter in the first degree (Penal Law § 125.20). Following extensive plea negotiations, defendant pled guilty to manslaughter in the first degree in full satisfaction of the indictment with a sentence promise as a second felony offender, of 10 to 20 years incarceration. The plea minutes demonstrate that the trial court, when confronted with statements by defendant during the plea allocution that raised a possible justification defense, conducted sufficient additional inquiry to ensure that defendant's guilty plea was knowing and voluntary "and that there was no viable justification defense" (People v Lopez, 71 N.Y.2d 662, 667; see also, People v Francis, 38 N.Y.2d 150, 153; People v Serrano, 15 N.Y.2d 304, 310; People v Bendross, 153 A.D.2d 75).