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Fourth Department — Plea Colloquy: People v. Gordon
Daily Record Staff//October 5, 2012//
Appellate Division, Fourth Department
Preservation of Issue
People v. Gordon
KA 10-02075
Appealed from Chautaugua County Court
Background: The defendant pleaded guilty to second-degree assault. On appeal, he contended that his plea was not made knowingly, intelligently and voluntarily because he did not recite the underlying facts of the crime but simply responded to County Court’s questions with monosyllabic responses.
Ruling: Judgment is affirmed. The issue was unpreserved for appellate review because defendant failed to move to withdraw his plea or move to vacate the judgment of conviction. Moreover, there is no requirement a defendant must recite the facts during a plea colloquy; the record established defendant’s confirmation of County Court’s recitation of the facts.
Bradley M. Keem for the defendant; Lynn Schaffer for the Chautaugua County District Attorney’s Office
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