Opinion
November 16, 1990
Appeal from the Onondaga County Court, Cunningham, J.
Present — Dillon, P.J., Doerr, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of burglary in the second degree, defendant contends that his plea of guilty was coerced by the threat of a heavier sentence if he proceeded to trial. We disagree. The prosecutor, rather than the court, referred to the possibility of a charge of rape in the first degree and, at most, defendant was faced with a potential trial on a more serious charge (cf., People v. Beverly, 139 A.D.2d 971; People v. Christian, 139 A.D.2d 896, lv denied 71 N.Y.2d 1024).
We have examined defendant's remaining issues on appeal and find them lacking in merit.