Opinion
September 29, 1995
Appeal from the Cattaraugus County Court, Himelein, J.
Present — Lawton, J.P., Fallon, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction, upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65). During the plea colloquy, defendant stated that he was intoxicated at the time of the crime. The court immediately conducted further inquiry of defendant and explained to him that he had a potential defense, i.e., that he lacked the requisite intent to commit the crime. The court advised defendant, that by pleading guilty, defendant was giving up the right to raise that issue to a jury. The court's conduct was proper (see, People v Tomaino, 134 A.D.2d 859). We conclude that defendant's plea was entered knowingly, voluntarily and intelligently.
There is no merit to the contention that defendant was denied effective assistance of counsel. The record reveals that, under the totality of circumstances, defendant received meaningful representation (see, People v Hobot, 84 N.Y.2d 1021; People v Baldi, 54 N.Y.2d 137).
The sentence imposed is neither unduly harsh nor severe.