PEOPLE v. GRANTIER (2000)

 Contrary to the contention of defendant, County Court did not abuse its discretion in denying his motion to withdraw his guilty plea where, as here, there is no evidence of “innocence, fraud, or mistake in inducing the plea” (People v. Robertson, 255 A.D.2d 968, 681 N.Y.S.2d 919, lv. denied 92 N.Y.2d 1053, 685 N.Y.S.2d 431, 708 N.E.2d 188).   We further reject defendant's challenge to the factual sufficiency of the plea allocution.   To the extent that defendant pleaded guilty to a lesser crime than that charged in the indictment, no factual colloquy was required (see, People v. Cotton, 274 A.D.2d 970, 711 N.Y.S.2d 816;  People v. Harris, 233 A.D.2d 959, 649 N.Y.S.2d 584, lv. denied 89 N.Y.2d 1094, 660 N.Y.S.2d 388, 682 N.E.2d 989;  see also, People v. Moore, 71 N.Y.2d 1002, 1006, 530 N.Y.S.2d 94, 525 N.E.2d 740).   Defendant's acknowledgment of the facts underlying the charge of misdemeanor driving while intoxicated was sufficient to support the plea of guilty to that charge (see, Vehicle and Traffic Law § 1192[3] ).   Finally, we conclude that defendant received meaningful representation (see, People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265;  People v. Hudson, 237 A.D.2d 759, 760, 655 N.Y.S.2d 142, lv. denied 90 N.Y.2d 1012, 666 N.Y.S.2d 107, 688 N.E.2d 1390).

Judgment unanimously affirmed.

MEMORANDUM: