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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMION WHEELER, Also Known as DAMION WHELER, Appellant.

Defendants plea was knowing and voluntary. The court was not required to advise defendant of the effect of intoxication on criminal liability (Penal Law § 15.25) since defendants admissions at the plea allocution sufficiently established that his mental state was unaffected by intoxication when he perpetrated the robbery and fired gunshots ( see, People v. Paterno, 141 A.D.2d 771, 772, lv denied 72 N.Y.2d 1048). Defendants motion to withdraw his plea was properly denied, after defendant received sufficient opportunity to be heard, since defendants factual allocution during the underlying plea proceeding demonstrated that his intoxication defense was not viable and that no purpose would be served by conducting further inquiry ( see, People v. Legault, 180 A.D.2d 912, lv denied 79 N.Y.2d 1051).

Concur — Sullivan, J. P., Rosenberger, Wallach and Andrias, JJ.

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PEOPLE v. WHEELER
(Jun 9, 1998)