Opinion
2014-01-8
The PEOPLE, etc., respondent, v. Michael J. URBANAK, appellant.
Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered December 11, 2012, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty should be vacated because the facts to which he allocuted do not actually constitute a crime is unpreserved for appellate review ( see People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803). In any event, contrary to the defendant's contention, the facts to which he allocuted constituted the crime of attempted assault in the second degree ( see Penal Law §§ 110.00, 120.05[9]; see also People v. Baez, 13 A.D.3d 463, 464, 785 N.Y.S.2d 749; cf. People v. Smielecki, 77 A.D.3d 1420, 1421–1422, 908 N.Y.S.2d 485). MASTRO, J.P., BALKIN, SGROI and HINDS–RADIX, JJ., concur.