| People v Gordon |
| 2012 NY Slip Op 06399 [98 AD3d 1230] |
| September 28, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Jermaine J.Gordon, Appellant. |
—[*1] David W. Foley, District Attorney, Mayville (Lynn Schaffer of counsel), forrespondent.
Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), renderedAugust 30, 2010. The judgment convicted defendant, upon his plea of guilty, of assault in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea ofassault in the second degree (Penal Law § 120.05 [1]). Defendant's contention "that hisplea was not knowing, intelligent and voluntary 'because he did not recite the underlying facts ofthe crime but simply replied to County Court's questions with monosyllabic responses is actuallya challenge to the factual sufficiency of the plea allocution' " (People v Simcoe, 74 AD3d 1858, 1859 [2010], lv denied15 NY3d 778 [2010]; see People vBrown, 66 AD3d 1385, 1385 [2009], lv denied 14 NY3d 839 [2010])."[D]efendant failed to preserve that challenge for our review by moving to withdraw the plea or. . . to vacate the judgment of conviction" (People v Jamison, 71 AD3d 1435, 1436 [2010], lv denied14 NY3d 888 [2010]; see People v Lopez, 71 NY2d 662, 665 [1988]). In any event,"[d]efendant's monosyllabic responses to [the] [c]ourt's questions did not render the plea invalid.Moreover, there is no requirement that a defendant personally recite the facts underlying his orher crime[ ] during the plea colloquy, and, here, [t]he record establishes that defendant confirmedthe accuracy of [the court's] recitation of the facts underlying the crime" (People v Bullock, 78 AD3d 1697,1698 [2010], lv denied 16 NY3d 742 [2011] [internal quotation marks and citationsomitted]; see Jamison, 71 AD3d at 1436; People v Bailey, 49 AD3d 1258, 1259 [2008], lv denied 10NY3d 932 [2008]).
Finally, the sentence is not unduly harsh or severe. Present—Scudder, P.J., Smith,Centra, Fahey and Peradotto, JJ.