Legal Opinion
GARDNER, III, WALTER A., PEOPLE v
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2012No. KA 11-00011PublishedCited by 18 opinions
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [3]) and resisting arrest (§ 205.30). Defendant first contends that his plea was not knowingly, intelligently and voluntarily entered because he never admitted during the plea colloquy that he intended to prevent a police officer from performing a lawful duty or that he in fact caused injury to an officer. “That contention is actually a challenge to the factual sufficiency of the plea allocution, which is encompassed by defendant’s valid waiver of the right…
2Cases cited5 opinions
- People v. FordNew York Court of Appeals · 1995
- People v. LewandowskiAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FrazierAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JenningsAppellate Division of the Supreme Court of the State of New York · 2004
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by18 opinions
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ManorAppellate Division of the Supreme Court of the State of New York · 2014
- People v. KostyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. DeMarcoAppellate Division of the Supreme Court of the State of New York · 2014
- People v. HicksAppellate Division of the Supreme Court of the State of New York · 2015
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