| People v Bonacci |
| 2014 NY Slip Op 05070 [119 AD3d 1348] |
| July 3, 2014 |
| Appellate Division, Fourth Department |
[*1]
| 1 The People of the State of New York, Respondent, vJames M. Bonacci, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of counsel),for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy A. Gilligan of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.),rendered May 13, 2010. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession of stolen property in the third degree and driving while abilityimpaired by drugs.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of criminal possession of stolen property in the third degree (Penal Law§ 165.50) and driving while ability impaired by drugs ([DWAI] Vehicle andTraffic Law § 1192 [4]). Although defendant "initially made remarks[during the plea allocution] that 'cast significant doubt' on his guilt" on the DWAIcharge, "thereby triggering the trial court's duty to conduct a further inquiry to ensure thatdefendant's plea was knowingly and voluntarily made" (People v McNair, 13 NY3d821, 822-823 [2009]), we conclude that Supreme Court properly conducted such aninquiry and that "defendant's responses to the court's subsequent questions removed [any]doubt about [his] guilt" (People v Ocasio, 265 AD2d 675, 677-678 [1999];see McNair, 13 NY3d at 823; People v Stepney, 273 AD2d 841, 841[2000], lv denied 95 NY2d 939 [2000]). In view of our determination withrespect to the DWAI conviction, we reject defendant's further contention that hisconviction of criminal possession of stolen property must be reversed because his guiltyplea was induced by a sentence promise for both crimes (see generally People vPichardo, 1 NY3d 126, 129 [2003]). Present—Centra, J.P., Fahey,Peradotto, Sconiers and DeJoseph, JJ.