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People v. Negron

132 A.D.2d 576 Court N.Y. App. Div. Decision date 1987-07-06 English

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p. 576
The People of the State of New York, Respondent, v Michael Negron, Also Known as Michael Bates, Appellant.

Appeal by the defendant from a judgment of the Supreme

p. 577
Court, Queens County (Naro, J.), rendered June 3, 1977, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The plea allocution satisfied the requirements of People v Harris ( 61 NY2d 9 ) and, assuming the absence of a complete factual allocution, there is no suggestion on the record that the plea was improvident or baseless (see, People v Langhorn, 119 AD2d 844 , lv denied 68 NY2d 758 ; People v Damonde, 111 AD2d 867 ). In any event, a factual allocution is not required where, as here, the plea is to a lesser crime (see, People v Clairborne, 29 NY2d 950 ). Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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