People v. Urbanak
This text of 113 A.D.3d 643 (People v. Urbanak) 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.
Opinion
The defendant’s contention that his plea of guilty should be vacated because the facts to which he allocated do not actually constitute a crime is unpreserved for appellate review (see People v Pryor, 11 AD3d 565 [2004]). In any event, contrary to the defendant’s contention, the facts to which he allocated constituted the crime of attempted assault in the second degree (see Penal Law §§ 110.00, 120.05 [9]; see also People v Baez, 13 AD3d 463, 464 [2004]; cf. People v Smielecki, 77 AD3d 1420, 1421-1422 [2010]). Mastro, J.P., Balkin, Sgroi and Hinds-Radix, JJ., concur.
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Cite This Page — Counsel Stack
113 A.D.3d 643, 977 N.Y.2d 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-urbanak-nyappdiv-2014.