PEOPLE v. CAMPBELL (2006)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. David CAMPBELL, Defendant-Appellant. (Appeal No. 1.)

Decided: November 17, 2006

PRESENT: GORSKI, J.P., SMITH, CENTRA, AND GREEN, JJ.

Robert Tucker, Canandaigua, for Defendant-Appellant. R. Michael Tantillo, District Attorney, Canandaigua (Kirk S. Hazen of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting him, upon his plea of guilty, of two counts of felony driving while intoxicated (Vehicle and Traffic Law § 1192[2], [3]; § 1193[1][c][i] ) and one count of aggravated unlicensed operation of a motor vehicle in the first degree (§ 511[3][a] [i] ). We reject the contention of defendant that the plea allocution is factually insufficient with respect to his conviction of aggravated unlicensed operation of a motor vehicle in the first degree. Inasmuch as defendant's recitation of the facts underlying that crime does not “negate [ ] an essential element of the crime,” “cast[ ] significant doubt” upon the admitted guilt of defendant or call into question the voluntariness of the plea (People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5), the allocution is sufficient (see People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

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