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People v. Vogler

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 932 (N.Y. App. Div. 1989)

Opinion

December 20, 1989

Appeal from the Monroe County Court, Mark, J.

Present — Callahan, J.P., Denman, Boomer, Balio and Davis, JJ.


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). Proof that defendant caused physical injury to the police officer is not required (see, People ex rel. Gray v Tekben, 86 A.D.2d 176, 178, affd 57 N.Y.2d 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 A.D.2d 330).


Summaries of

People v. Vogler

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 932 (N.Y. App. Div. 1989)
Case details for

People v. Vogler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN VOGLER, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 20, 1989

Citations

156 A.D.2d 932 (N.Y. App. Div. 1989)
549 N.Y.S.2d 235

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