Opinion
KA 02-02078
July 3, 2003.
Appeal from a judgment of Onondaga County Court (Fahey, J.), entered July 5, 2002, convicting defendant upon his plea of guilty of attempted murder in the first degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted murder in the first degree (Penal Law 110.00, 125.27 [a] [vii]). Defendant shot the victim in the head during the course of a robbery, and he pleaded guilty in satisfaction of a six-count indictment also charging him with robbery in the first degree and attempted robbery in the first degree. Contrary to the contention of defendant, his waiver of the right to appeal entered as part of the plea agreement was voluntary, knowing and intelligent ( see People v. Callahan, 80 N.Y.2d 273, 283; People v Coleman [appeal No. 1], 219 A.D.2d 827) . That waiver encompasses defendant's present contentions concerning the factual sufficiency of the plea allocution ( see e.g. People v. Dewitt, 295 A.D.2d 937, lv denied 98 N.Y.2d 709, 767; People v. Wilson, 284 A.D.2d 959, lv denied 96 N.Y.2d 943) and County Court's suppression rulings ( see People v. Kemp, 94 N.Y.2d 831, 833). In any event, we conclude that the court did not abuse its discretion in denying the motion of defendant to withdraw his plea of guilty based on the alleged factual insufficiency of the plea allocution. There is no requirement that defendant personally recite the facts underlying the crime to which he is pleading guilty ( see People v. Kinch, 237 A.D.2d 830, 831, lv denied 90 N.Y.2d 860) and here, as in People v. Fiumefreddo ( 82 N.Y.2d 536, 547), "there can be no question that the court had an ample factual basis for accepting defendant's plea * * *."