Opinion
KA 01-01238
November 15, 2002.
Appeal from a judgment of Steuben County Court (Latham, J.), entered July 10, 2000, convicting defendant upon his plea of guilty of bail jumping in the second degree.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (SUSAN R. RIDER OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN C. TUNNEY, DISTRICT ATTORNEY, BATH, FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him upon his plea of guilty of bail jumping in the second degree (Penal Law § 215.56), defendant contends that the plea allocution is factually insufficient because he did not personally recite the facts underlying the crime. Because defendant failed to move to withdraw his plea or to vacate the judgment of conviction, he has failed to preserve that contention for our review ( see People v. Lopez, 71 N.Y.2d 662, 665). In any event, that contention lacks merit. "[T]here is no requirement that a defendant personally recite the facts underlying his or her crime" ( People v. Kinch, 237 A.D.2d 830, 831, lv denied 90 N.Y.2d 860; see People v. Manzi, 292 A.D.2d 849, lv denied 98 N.Y.2d 653; People v. Williams, 291 A.D.2d 891, 893, lv denied 98 N.Y.2d 656). Contrary to defendant's further contention, the sentence is neither unduly harsh nor severe.