| People v Green |
| 2008 NY Slip Op 00756 [48 AD3d 1056] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Elliott G.Green, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), renderedFebruary 23, 2005. The judgment convicted defendant, upon his plea of guilty, of attemptedaggravated assault upon a police officer or a peace officer (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty oftwo counts of attempted aggravated assault upon a police officer or a peace officer (Penal Law§§ 110.00, 120.11). Defendant failed to preserve for our review his contention thathe was denied his right to counsel at his arraignment (see CPL 470.05 [2]). In any event,any error in that respect does not require reversal even assuming, arguendo, that it survivesdefendant's guilty plea (see generally People v Hansen, 95 NY2d 227, 230-232 [2000]).The record establishes that defendant was arraigned while hospitalized after his arrest, and hewas not represented by counsel at that time. County Court entered a plea of not guilty to theindictment on defendant's behalf and stated on the record that it would appoint counsel ondefendant's behalf and arrange for defense counsel to speak with defendant's family."[D]efendant [thus] lost no rights and suffered no prejudice whatever because of his counsel'sabsence at the time of his . . . initial arraignment [because] whatever counsel couldhave done then on defendant's behalf, counsel was free to do thereafter" (People vCombs, 19 AD2d 639, 639 [1963]). Also contrary to the contentions of defendant, there is norequirement that he personally recite the facts underlying the crime to which he was pleadingguilty (see People v Brown, 305 AD2d 1068, 1069 [2003], lv denied 100 NY2d579 [2003]), and the sentence is not unduly harsh or severe. Present—Scudder, P.J.,Martoche, Centra, Fahey and Gorski, JJ.