Opinion
KA 99-05318
May 3, 2002.
Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered February 2, 1999, convicting defendant upon her plea of guilty of assault in the first degree.
SCOTT GARRETSON, ROCHESTER, FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (WENDY EVANS LEHMANN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, BURNS, AND LAWTON, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant failed to preserve for our review her challenge to the factual sufficiency of the plea allocution. After defendant made statements at the initial plea proceeding casting doubt upon her guilt of assault in the first degree (Penal Law § 120.10), Supreme Court terminated the proceeding and granted defense counsel's request for an adjournment. During the subsequent plea proceeding, the statements of defendant established that she intended to cause serious physical injury and had no viable justification defense ( see People v. Lopez, 71 N.Y.2d 662, 667; see also People v. Washington, 262 A.D.2d 868, 869-870, lv denied 93 N.Y.2d 1029). Thus, the court fulfilled its duty to make further inquiry to ensure that defendant's plea was knowingly, voluntarily and intelligently entered ( see People v. Howard, 234 A.D.2d 1000, 1001, lv denied 89 N.Y.2d 1036; People v. Williams, 219 A.D.2d 864, lv denied 88 N.Y.2d 855), and this case does not come within the narrow exception to the preservation requirement ( see Lopez, 71 N.Y.2d at 666-668). The sentence is not unduly harsh or severe.