Opinion
May 10, 1994
Appeal from the Supreme Court, New York County (Herbert Altman, J.).
Contrary to defendant's contention, a review of the record discloses that his plea was knowing and voluntary (People v Harris, 61 N.Y.2d 9, 19). Here, the court acted appropriately in accepting the plea since defendant, while assisted by his attorney, stated that he understood the plea was to the lesser charge, that he was giving up his constitutionally guaranteed rights by pleading guilty, that he had committed the act charged on the date and in the place stated in the indictment, that he would be sentenced as a predicate felon, and that he would not challenge his predicate felony which indicated that he had previously pleaded guilty to crimes similar to the instant one, and was thus well aware of the consequences of pleading guilty. (See, People v. Tollinchi, 157 A.D.2d 495.)
Moreover, the court's limited inquiry at the sentencing as to whether defendant understood his plea was sufficient under the circumstances (see, People v. Tinsley, 35 N.Y.2d 926, 927).
Concur — Murphy, P.J., Carro, Asch, Nardelli and Williams, JJ.