Opinion
November 18, 1992
Appeal from the Orleans County Court, Punch, J.
Present — Green, J.P., Pine, Boehm, Fallon and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's recitation of the facts did not cast significant doubt upon his guilt of criminal sale of a controlled substance or otherwise call into question the voluntariness of his plea. Because the plea allocution did not support the availability of an agency defense, the court was under no duty to make further inquiry before accepting the plea (see, People v Lopez, 71 N.Y.2d 662, 666; People v Harris, 186 A.D.2d 677; People v Mateo, 168 A.D.2d 639, lv denied 77 N.Y.2d 880; People v Gaither, 153 A.D.2d 587, 588, lv denied 74 N.Y.2d 896). Further, the plea minutes establish that defendant, after being advised by counsel that he could "conceivably" raise an agency defense, chose not to pursue the defense and agreed to plead guilty. Under the circumstances, the court properly accepted the plea without further inquiry (see, People v Winters, 177 A.D.2d 1041, lv denied 79 N.Y.2d 954).
The sentence imposed is neither harsh nor excessive.