| People v Anderson |
| 2009 NY Slip Op 04572 [63 AD3d 1617] |
| June 5, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JackAnderson, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Stephen R. Sirkin, J.), renderedNovember 29, 2005. The judgment convicted defendant, upon his plea of guilty, of manslaughterin the first degree.
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 ofmanslaughter in the first degree (Penal Law § 125.20 [1]). We reject defendant's challengeto the factual sufficiency of the plea allocution. Defendant was indicted on charges of, inter alia,murder in the second degree (§ 125.25 [1], [2]), and " '[a] bargained guilty plea to a lessercrime makes unnecessary a factual basis for the particular crime confessed' " (People v Turner, 16 AD3d 1150[2005], lv denied 5 NY3d 770 [2005], quoting People v Clairborne, 29 NY2d950, 951 [1972]). We reject the further contention of defendant that County Court abused itsdiscretion in denying his motion to withdraw his plea. "In the absence of some evidence ofinnocence, fraud, or mistake in the inducement of the plea, the decision whether to permit adefendant to withdraw a plea of guilty rests solely within the court's discretion" (People v Canales, 48 AD3d 1105,1105-1106 [2008], lv denied 10 NY3d 860 [2008]; see CPL 220.60 [3]). Therecord establishes that defendant discussed the plea with defense counsel and that he understoodthe consequences of his plea and was not threatened or coerced into entering the plea. Finally,defendant's bargained-for sentence is not unduly harsh or severe. Present—Scudder, P.J.,Fahey, Peradotto, Carni and Green, JJ.