People v. Myers — 151 A.D.2d 1002

Majority

p. 1002

The People of the State of New York, Respondent, v John Ray Myers, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant’s Alford plea (see, North Carolina v Alford, 400 US 25 ) was entered knowingly, voluntarily and with an understanding of its consequences (supra; see also, People v Lopez, 71 NY2d 662 ; People v Nixon, 21 NY2d 338 , 353; People v Serrano, 15 NY2d 304 ). Moreover, where, as here, defendant entered a bargained plea to a lesser crime it was unnecessary for him to recite a factual basis for the particular crime confessed (see, People v Hall, 71 NY2d 1002 , 1006; People v Clairborne, 29 NY2d 950 , 951). We have reviewed defendant’s remaining contentions and find them to be lacking in merit. (Appeal from judgment of Seneca County Court, DePasquale, J. — manslaughter, first degree.) Present— Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.

Cases cited

North Carolina v. Alford 400 US 25 SCOTUS 1970-11-23 p. 1002
People v. Lopez 71 NY2d 662 N.Y. 1988-06-02 p. 1002
People v. Nixon 21 NY2d 338 N.Y. 1967-12-29 at 353 p. 1002
People v. Serrano 15 NY2d 304 N.Y. 1965-03-18 p. 1002
People v. Moore 71 NY2d 1002 N.Y. 1988-05-26 at 1006 p. 1002
People v. Clairborne 29 NY2d 950 N.Y. 1972-01-14 at 951 p. 1002