Majority
p. 576The 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.
Cases cited
- People v. Harris 61 NY2d 9 p. 577
- People v. Clairborne 29 NY2d 950 p. 577