Opinion
July 15, 1994
Appeal from the Chautauqua County Court, Adams, J.
Present — Green, J.P., Lawton, Fallon, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to the contention that defendant was denied effective assistance of counsel. At trial, defense counsel pursued the "colorable" claim that the intoxication of defendant prevented him from forming the requisite intent for burglary in the second degree. The circumstances of the case, viewed in their totality, reveal that defendant received meaningful representation (see, People v. Garcia, 75 N.Y.2d 973, 974; People v. Rivera, 71 N.Y.2d 705, 709).
We also conclude that the verdict is based upon legally sufficient evidence and is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495).
After the jury returned a verdict finding defendant guilty as charged in indictment No. 88-107 (appeal No. 1), defendant pleaded guilty to burglary in the second degree in satisfaction of indictment No. 88-108 (appeal No. 2). Nothing in the plea allocution cast doubt upon defendant's guilt or called into question the voluntariness of the plea. The court had no duty, therefore, to make a further inquiry, and we conclude that the plea was voluntarily entered (see, People v. Hladky, 158 A.D.2d 616).
The sentence imposed is not harsh or excessive.