Opinion
May 13, 1971
Appeal from a judgment of the County Court of Ulster County, rendered May 28, 1970, on a plea of guilty, convicting defendant of the crime of attempted burglary in the third degree. Defendant was indicted for burglary in the third degree, attempted grand larceny third degree and possession of burglar's tools. Represented by court appointed counsel, he withdrew his plea of not guilty to the indictment and entered a plea of guilty to attempted burglary in the third degree in full satisfaction of all counts in the indictment. The court sentenced him to an indeterminate term of three years. Defendant maintains on this appeal that his guilty plea was not properly entered because the court failed to inquire as to whether any threats or coercion had been used to induce the plea; whether he realized he was waiving his right to a trial by jury and whether he was under the influence of drugs or medication at the time. Defendant also contends that the sentence was excessive. As to the sentence, defendant had a considerable record and could have received a term of four years on the count to which he pled guilty. These facts, coupled with the fact that he was permitted to plead guilty to a lesser crime in full satisfaction of all three counts of the indictment, are sufficient to justify the sentence of three years. Neither do we find any merit in the other issues raised by the defendant. He was properly and carefully advised of his rights and the record reveals he understood what he was doing. A more specific inquiry was not required. ( People v. Nixon, 21 N.Y.2d 338.) Further, whether the confession was illegally obtained is waived by the guilty plea. ( People v. Nicholson, 11 N.Y.2d 1067.) Finally, there is no evidence in the record that the defendant was under the influence of drugs or medication. Judgment affirmed. Herlihy, P.J., Reynolds, Greenblott, Sweeney and Simons, JJ., concur.