PEOPLE v. GREER (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Jerry GREER, Defendant-Appellant.

Decided: November 13, 2000

PRESENT: PIGOTT, JR., P.J., HAYES, HURLBUTT, BALIO and LAWTON, JJ.

Kevin J. Bauer, Buffalo, for defendant-appellant. Julie M. Vales, for plaintiff-respondent.

Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05[4] ). On appeal, he contends that his plea allocution was inadequate because he raised a possible justification defense and County Court failed to conduct a sufficient inquiry to ensure that the plea was knowing and voluntary (see, People v. Lopez, 71 N.Y.2d 662, 666-667, 529 N.Y.S.2d 465, 525 N.E.2d 5). We disagree. The record establishes that, when defendant made statements that raised the possibility of a justification defense, the court advised defendant that he had the right to present a justification defense at trial, and properly conducted a sufficient further inquiry to ensure that the plea was knowing and voluntary (see, People v. Lopez, supra, at 667-668, 529 N.Y.S.2d 465, 525 N.E.2d 5).

Judgment unanimously affirmed.

MEMORANDUM:

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