| People v Richardson |
| 2008 NY Slip Op 03030 [50 AD3d 704] |
| April 1, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Darrell V. Richardson, Appellant. |
—[*1] Andrew M. Cuomo, Attorney General, New York, N.Y. (Barbara D. Underwood andRoseann B. MacKechnie of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (DiBella,J.), rendered April 18, 2006, convicting him of knowingly engaging in the business of applyingpesticides without having been registered by the Commissioner of the Department ofEnvironmental Conservation in violation of Environmental Conservation Law § 33-1301(8-a) and § 71-2907 (3), as a misdemeanor, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant correctly contends that count four of the indictment, which alleged that heviolated Environmental Conservation Law § 33-1301 (8-a) and § 71-2907 (3) byknowingly engaging in the business of applying pesticides for hire at a residence without havingregistered with the Commissioner of the Department of Environmental Conservation, onlyalleged a violation, since it did not allege that he applied a "restricted use" pesticide (ECL33-0101 [42], [19]; 33-1301 [8-a]; 71-2907 [3]; People v Kohut, 30 NY2d 183, 187[1972]). Nevertheless, his plea of guilty to a violation of Environmental Conservation Law§§ 33-1301 (8-a) and 71-2907 (3) as a misdemeanor was valid because it wasbargained for and in full satisfaction of the entire indictment, which included two felony countsof engaging in a scheme to defraud, and a factual basis for the plea was not necessary (seePeople v Clairborne, 29 NY2d 950, 951 [1972]; People v Foster, 19 NY2d 150,153-154 [1967]; People v Fields, 203 AD2d 379, 379-380 [1994]; cf. People vJohnson, 89 NY2d 905 [1996]). Rivera, J.P., Ritter, Carni and Leventhal, JJ., concur.