People v. Lange

Appellate Division of the Supreme Court of New York

People v. Lange

90 A.D.3d 1534, 934 N.Y.2d 896

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 2011

StatusPublished

This text of 90 A.D.3d 1534 (People v. Lange) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Lange, 90 A.D.3d 1534, 934 N.Y.2d 896 (N.Y. Ct. App. 2011).

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Opinion

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, reckless endangerment in the first degree (Penal Law § 120.25). By pleading guilty, defendant forfeited his challenge to the evidence of his guilt supporting the reckless endangerment charge, i.e., his guilty plea “signaled] defendant’s ‘intention not to litigate the question of his guilt’ ” with respect to that charge (People v Taylor, 65 NY2d 1, 5 [1985]; see People v Dewitt, 295 AD2d 937, 938 [2002], lv denied 98 NY2d 709, 767 [2002]). In any event, that challenge “rests on speculation as to what the evidence might have been had there been a trial” (People v Washington, 262 AD2d 209 [1999], lv denied 93 NY2d 1006 [1999]). The sentence is not unduly harsh or severe. Present — Smith, J.P, Peradotto, Lindley, Green and Martoche, JJ.

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Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, reckless endangerment in the first degree (Penal Law § 120.25). By pleading guilty, defendant forfeited his challenge to the evidence of his guilt supporting the reckless endangerment charge, i.e., his guilty plea “signaled] defendant’s ‘intention not to litigate the question of his guilt’ ” with respect to that charge (People v Taylor, 65 NY2d 1, 5 [1985]; see People v Dewitt, 295 AD2d 937, 938 [2002], lv denied 98 NY2d 709, 767 [2002]). In any event, that challenge “rests on speculation as to what the evidence might have been had there been a trial” (People v Washington, 262 AD2d 209 [1999], lv denied 93 NY2d 1006 [1999]). The sentence is not unduly harsh or severe. Present — Smith, J.P, Peradotto, Lindley, Green and Martoche, JJ.

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Bluebook (online)

90 A.D.3d 1534, 934 N.Y.2d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lange-nyappdiv-2011.

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