People v. Spencer

Judgment unanimously affirmed. Memorandum: Defendant has failed to preserve for appellate review his contention that his factual statement of the crime of assault in the second degree was insufficient. Although defendant’s initial statement suggested the absence of one of the essential elements of the crime charged (Penal Law § 120.05 [3]), the court’s further inquiry regarding the facts elicited a sufficient statement of all elements of that crime. Defendant, by failing to express dissatisfaction with the court’s , inquiry and by failing to move to withdraw his plea, waived further challenge…