People v. Prainito (12 A.D.3d 462, 2004)

Appeal by the defendant, by permission, from a judgment of the Supreme Court, Queens County (Rosengarten, J.), rendered September 4, 2002, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention on appeal, there was no arguable factual basis to set aside his plea of guilty (cf. People v Melio, 304 AD2d 247 [2003]). Ritter, J.P., Santucci, Cozier and Skelos, JJ., concur.