Opinion
August 22, 1991
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Defendant's only contention on appeal is that County Court should have granted his motion to withdraw his guilty plea in light of his assertion that he possessed the weapon to defend himself. When County Court learned in the course of the initial plea proceedings that defendant had not discussed the possibility of a justification defense with defense counsel, the court immediately adjourned the proceedings for this purpose. After another adjournment for further discussions with his attorney in this regard, defendant still acknowledged to the court that he wanted to plead guilty, which he did during a complete and thorough plea allocution. He therefore knowingly waived this possible defense (see, People v Franco, 145 A.D.2d 837, 838). In addition, had defendant gone to trial a charge of justification would not have been warranted here (see, People v Diaz, 145 A.D.2d 833, 834, lv denied 73 N.Y.2d 1014). Under the circumstances, it cannot be said that the court abused its discretion in denying defendant's motion (see, People v Zuk, 130 A.D.2d 886, 888, lv denied 70 N.Y.2d 659).
Mahoney, P.J., Weiss, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.