People v. Urbanak

113 A.D.3d 643, 977 N.Y.2d 918

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.