People v. Fason

— Casey, J.

Appeal from a judgment of the County Court of Columbia County (Leaman, J.), rendered February 7, 1986, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

Defendant contends that his guilty plea should not have been accepted by County Court since the allocution indicated a defense of justification or self-defense. The allocution, however, clearly and unequivocally established that defendant was the initial aggressor in the confrontation which led to defendant’s shooting of decedent, and defendant never claimed that he withdrew from the…