Opinion
November 12, 1985
Appeal from the Supreme Court, Kings County (Potoker, J.).
Judgments affirmed.
Criminal Term properly accepted the defendant's guilty pleas. Subsequent to pleading guilty to all three of the aforementioned offenses in satisfaction of all the counts in three separate indictments, at sentencing defendant requested the court to allow him to withdraw at least one of his guilty pleas, and his application was denied. Defendant asserts that because the court failed to inquire into whether his gun was loaded and operable, an affirmative defense was established. He also alleges that his pleas were factually insufficient.
There is no general requirement that a court inquire into a defendant's possible affirmative defenses, unless something on the record specifically suggests an affirmative defense may exist (People v Quiles, 72 A.D.2d 610). Moreover, defendant's plea allocutions made out the elements of all three of his crimes. Defendant's pleas fully complied with well-settled standards for voluntariness and factual sufficiency (see, People v Harris, 61 N.Y.2d 9). Therefore, vacatur is not required (People v Orr, 111 A.D.2d 937). Mangano, J.P., Bracken, O'Connor and Weinstein, JJ., concur.