Appellate Division of the Supreme Court of New York, 1995

People v. Velasquez

People v. Velasquez
Appellate Division of the Supreme Court of New York · Decided March 17, 1995
213 A.D.2d 1077; 625 N.Y.S.2d 990; 1995 N.Y. App. Div. LEXIS 3956
People v. Velasquez

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in accepting his guilty plea to assault in the first degree (Penal Law § 120.10) because the factual recitation during the plea allocution negated the necessary element of intent by raising the issue of self-defense. That contention is unpreserved (see, People v Lopez, 71 NY2d 662, 665). In any event, it lacks merit (see, People v Lopez, supra). (Appeal from Judgment of Cayuga County Court, Corning, J. —Assault, 1st Degree.) Present—Fallon, J. P., Wesley, Doerr, Balio and Boehm, JJ.

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