Opinion
KA 01-00586
May 2, 2003.
Appeal from a judgment of Supreme Court, Erie County (Buscaglia, J.), entered February 2, 2000, convicting defendant upon his plea of guilty of assault in the second degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (RAYMOND C. HERMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, Supreme Court did not abuse its discretion in denying his motion to withdraw his guilty plea "where, as here, there is no evidence of `innocence, fraud, or mistake in inducing the plea'" ( People v. Grantier, 277 A.D.2d 987, 987, lv denied 96 N.Y.2d 784). We also reject the contention of defendant that the sentence is unduly harsh and severe because the term of incarceration imposed was to run consecutively to defendant's prior undischarged term of incarceration. A consecutive sentence was mandated pursuant to Penal Law 70.25 (2-a).