People v. Herzog

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction, upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65). During the plea colloquy, defendant stated that he was intoxicated at the time of the crime. The court immediately conducted further inquiry of defendant and explained to him that he had a potential defense, i.e., that he lacked the requisite intent to commit the crime. The court advised defendant, that by pleading guilty, *877defendant was giving up the right to raise that issue to a jury. The court’s conduct was proper…