People v Morales
2012 NY Slip Op 07061 [99 AD3d 598]
October 23, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent,
v
Isaac Morales, Appellant.

[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Avi Springer of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for respondent.

Judgments, Supreme Court, Bronx County (John N. Byrne, J., at pleas; Steven W. Paynter, J., at sentencing), rendered August 11, 2009, convicting defendant of failing to register or verify registration information under the Sex Offender Registration Act (Correction Law art 6-C) and menacing in the second degree, and sentencing him to an aggregate term of one year, unanimously affirmed.

Nothing in the statements of defendant or his counsel at the plea, at an intervening court appearance, or at sentencing, cast doubt on defendant's guilt, negated any element of the crimes or amounted to a plea withdrawal application. As such, the court was under no obligation to make any further inquiry (see People v Toxey, 86 NY2d 725 [1995]; People v Lopez, 71 NY2d 662, 666 [1988]). Nor does the alleged ambiguity in the factual allocution require reversal, as it does not suggest that the plea was improvident or baseless, or undermine the voluntariness of the plea (see People v Seeber, 4 NY3d 780, 781 [2005]). Concur—Tom, J.P., Andrias, Saxe, DeGrasse and Manzanet-Daniels, JJ.