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People v. Pope

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 934 (N.Y. App. Div. 1991)

Opinion

December 26, 1991

Appeal from the Supreme Court, Onondaga County, Gorman, J.

Present — Callahan, J.P., Boomer, Green, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The trial court properly accepted defendant's plea of guilty of attempted assault in the second degree. Contrary to defendant's contention, defendant, during the plea colloquy, did not recite facts which cast doubt upon his guilt. The facts recited did not provide justification for defendant's intentional infliction of serious physical injury upon the victim.

Defendant further contends that his sentence must be vacated because the court failed to order a current presentence report. We are precluded from reviewing that contention because defendant has failed to provide us with a record containing the facts bearing on the issue.


Summaries of

People v. Pope

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 934 (N.Y. App. Div. 1991)
Case details for

People v. Pope

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES R. POPE, SR.…

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

Date published: Dec 26, 1991

Citations

178 A.D.2d 934 (N.Y. App. Div. 1991)
579 N.Y.S.2d 500