THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JOHN MCCORMACK DEFENDANT APPELLANT (2017)

MEMORANDUM AND ORDER

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 of burglary in the third degree (Penal Law

§ 140.20). We reject defendant's contention that the plea colloquy was factually insufficient.  Defendant admitted the essential elements of the crime during the plea colloquy, including that he entered the building with the intent to steal (see People v. Hinkson, 59 AD3d 941, 941, lv denied 12 NY3d 817;  People v. Jackson, 286 A.D.2d 912, 912–913, lv denied 97 N.Y.2d 755).  Contrary to defendant's further contention, defense counsel did not take a position adverse to his pro se motion to withdraw the plea, and thus there was no reason for County Court to assign new counsel (see People v. Lindsay, 134 AD3d 1452, 1452–1453, lv denied 27 NY3d 967;  People v. Strasser, 83 AD3d 1411, 1411–1412;  see generally People v. Mitchell, 21 NY3d 964, 967).

Frances E. Cafarell

Clerk of the Court