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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. DOUGLAS L. COTTON, DEFENDANT-APPELLANT.

Judgment unanimously affirmed.

Memorandum:

Having failed to move to withdraw his plea of guilty or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Root, 267 A.D.2d 1103). "In any event, where, as here, defendant pleads guilty to a crime less than that charged in the [accusatory instrument], a factual colloquy is not required" ( People v. Harris, 233 A.D.2d 959, lv denied 89 N.Y.2d 1094; see, People v. Moore, 71 N.Y.2d 1002, 1006; People v. Gray, 190 A.D.2d 918, lv denied 81 N.Y.2d 1073). We reject the further contention that defendant was denied effective assistance of counsel because his attorney failed to move to withdraw the plea. Defendant waived indictment, was allowed to plead to an attempt to commit the crime charged in the superior court information and received the minimum lawful sentence. Defendant received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147).

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PEOPLE v. COTTON
(Jul 7, 2000)