People v. Vogler

Appellate Division of the Supreme Court of New York

People v. Vogler

156 A.D.2d 932, 549 N.Y.S.2d 235, 1989 N.Y. App. Div. LEXIS 16074

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

DecidedDecember 20, 1989

StatusPublished

Cited by1 cases

This text of 156 A.D.2d 932 (People v. Vogler) 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. Vogler, 156 A.D.2d 932, 549 N.Y.S.2d 235, 1989 N.Y. App. Div. LEXIS 16074 (N.Y. Ct. App. 1989).

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Opinion

Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s claim that his factual allocution was insufficient to support his plea of guilty to assault in the second degree (Penal Law § 120.05 [3]). Proof that defendant caused physical injury to the police officer is not required (see, People ex rel. Gray v Tekben, 86 AD2d 176, 178, affd 57 NY2d 651). Defendant’s admission that he lunged at the officer with the intent to prevent him from performing his lawful duty and that the officer was injured in the ensuing melee was adequate, and the court did not err in accepting the plea (see, People v Johnson, 115 AD2d 330). (Appeal from judgment of Monroe County Court, Mark, J. — assault, second degree.) Present — Callahan, J. P., Denman, Boomer, Balio and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s claim that his factual allocution was insufficient to support his plea of guilty to assault in the second degree (Penal Law § 120.05 [3]). Proof that defendant caused physical injury to the police officer is not required (see, People ex rel. Gray v Tekben, 86 AD2d 176, 178, affd 57 NY2d 651). Defendant’s admission that he lunged at the officer with the intent to prevent him from performing his lawful duty and that the officer was injured in the ensuing melee was adequate, and the court did not err in accepting the plea (see, People v Johnson, 115 AD2d 330). (Appeal from judgment of Monroe County Court, Mark, J. — assault, second degree.) Present — Callahan, J. P., Denman, Boomer, Balio and Davis, JJ.

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Bluebook (online)

156 A.D.2d 932, 549 N.Y.S.2d 235, 1989 N.Y. App. Div. LEXIS 16074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vogler-nyappdiv-1989.

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