Opinion
KA 04-01454.
November 10, 2005.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered May 11, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.
CHARLES J. GREENBERG, BUFFALO, FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Green, J.P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his Alford plea ( see North Carolina v. Alford, 400 US 25), of criminal possession of a weapon in the third degree (Penal Law § 265.02). Defendant contends that there was an insufficient recitation by the prosecutor concerning the facts underlying the crime to support the Alford plea ( cf. People v. Harris, 269 AD2d 839, 840). That contention is unpreserved for our review ( see People v. Oberdorf, 5 AD3d 1000), and we decline to exercise our power to address that contention as a matter of discretion in the interest of justice ( cf. id.). Finally, the sentence is not unduly harsh or severe.