PEOPLE v. McMILLAN


177 A.D.2d 718 (1991)

The People of the State of New York, Respondent, v. Bruce McMillan, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 1991


Ordered that the judgment is affirmed.

On appeal, the defendant contends that his plea allocution was not sufficient because he did not admit that he committed the essential elements of the crime. However, we find that the defendant's claim is precluded because a defendant who accepts a bargained-for plea to a lesser offense than that charged in the indictment may not challenge the factual basis for the plea (see, People v Pelchat, 62...

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